Research On Legal Issues Of Account Receivables Pledge

In recent years,China's financing volume has been increasing year by year.As an important part of the financing of small and medium-sized enterprises,the pledge of accounts receivable is of great significance in promoting the development speed of the financing of the real economy and maintaining the continuous development of China's economy.China's account receivables pledge system is built on the basis of rights pledges,and the theoretical basis,publicity principles,scope of validity,and rights realization methods for account receivables all draw on foreign development experience.The United Kingdom has made full use of the advantages of case law.The use of accounts receivable is a feature of the money claims that have been or are collected in the future.It is connected with the floating mortgage system to release the market vitality of accounts receivable.Chapter 9 of the United States' "Uniform Commercial Code" categorizes the rules for the innovation of collateral property rights and builds on this basis a modern unified movable property guarantee transaction system.Continental law countries adopt common creditor's rights pledge system through accounts receivable,apply the common creditor's setting method,publicity rules and implementation,to make up for the shortcomings of the legal system of receivables' pledge.The system provides effective ideas.As a new financing system,my country's legal system for pledge of accounts receivable still has many deficiencies.At the legislative level,the first and second review drafts of the Civil Rights Code of the Civil Code have revised the legal concept of accounts receivable,but have avoided issues such as the right to charge infrastructure projects.The legal regulations for the pledge of accounts receivable still lack systematic and meticulous regulations.China currently adopts the legal provisions of the pledge of the right of use and the pledge of movable property for the pledge system of accounts receivable,based on the particularity and actual financing of accounts receivable The complexity of this requires a unified legal standard for the pledge of accounts receivable.Too low a legal level also leads to cumbersome procedures for setting up and realizing the pledge of accounts receivable and complicated registration institutions,which is not conducive to the development of a long-term mechanism for the pledge system of accounts receivable.In terms ofimplementation methods,there are no special implementation rules for accounts receivable,and the system gap between the transfer of creditor 's rights and the effectiveness of liquidity clauses need to be resolved urgently.Finally,the legal supervision and risk control of the pledge of accounts receivable are not satisfactory.In order to make up for the inadequacies in legislation and system defects in my country,the general rules for the pledge of ordinary claims should be established,the legislative content of the pledge of accounts receivable should be improved,and the level of legislation should be raised.Change the existing registration system,set up a special registration agency,and gradually establish a unified chattel guarantee registration system.Make up for the system gap with the transfer of creditor's rights,integrate the guarantee system,strengthen the construction of my country's credit system,strengthen the government's administrative supervision function,and reduce the risk of pledge of accounts receivable.