Research On China's Floating Charge System

Since the establishment of the floating charge system,it has experienced hundreds of years of development and improvement.In enhancing the financing capacity of enterprises,it has a role that cannot be ignored.In order to improve the financing capacity of SMEs,China also borrowed the floating charge system when formulating the Property Law in 2007.Of course,China's floating charge system has also made changes in accordance with China's national conditions.However,there are only three provisions on floating charges in China's "Property Law",which has aroused fierce discussion in the academic circles.Many scholars have also put forward suggestions for improvement while disagreeing with the provisions of China's Real Rights Law.It is true that the system is still in the development stage in China.Compared with mature foreign legislation,there are still many unsatisfactory aspects.In practice,relatively few floating charge systems are used.This requires the state to pass legislation to improve the floating charge system,increase the recognition of financial institutions and enterprises to the system,so as to achieve the purpose of promoting the use of the floating charge system.This article also put forward some of its own opinions.The main content of the first chapter of this article is the issue of floating charge system theory.Firstly,the concept,characteristics and development history of the mortgage system are analyzed to understand how the floating charge system works.The second is the analysis of the value of the floating charge system to observe the reasons why the system is produced and developed.These values of the floating charge system are also one of the reasons for the introduction of the system in China.The second chapter of this article mainly analyzes the current situation of China's floating charge system,including the status quo of legislation and operation.Through the analysis of the current situation of China's floating charge system,to summarize its possible problems and areas for improvement.In terms of legislation,there is a problem of insufficient legislation.In practice,the floating charge system has not been well used and needs to be promoted by the town government.The third chapter of this article makes a concrete analysis of the controversies and problems in China's floating charge system.In terms of mortgagor,many scholars believe that its regulations are too broad,and of course,some of them think that our regulations are reasonable.In terms of collateral,most scholars in our country believe that the provisions of the Property Law of our country can be appropriately relaxed and the property collateral shall be left to the parties to choose.It also includes some issues concerning China's floating charge registration,collateral crystallization,mortgage rights protection,and priority of mortgage rights.In the last chapter,this article puts forward some suggestions for improvement on the problems of China's floating charge system.Including: expanding the scope of mortgaged property,perfecting the mortgage registration system,establishing the mortgaged property confirmation system,etc.I hope it will be helpful to the improvement and progress of China's floating charge system.