On The Perfection Of Movable Property Floating Mortgage System In China

Taking the floating mortgage system of movable property as the research object,starting from theory,this paper expounds in detail the historical development,connotation and characteristics of movable property floating mortgage system and the comparison of related concepts,which provides a theoretical basis for the study of movable property floating mortgage system.Then,using the analysis method of empirical research,select the case of floating mortgage of chattel in Chinese court from 2014-2019.The application frequency of movable property floating mortgage in China is increasing year by year through different search words on the Chinese judgment documents.The application in provinces and regions reflects the influence of local governments’ administrative guidance and regional economic development on floating mortgage system.Then the “Article 181 of the property Law” and “floating mortgage” are used as the key words to retrieve 274 of the legal documents for statistical analysis,and to obtain the basic data in the form of charts.The application of floating mortgage system in China is observed from different angles such as mortgagor,mortgagee,mortgage subject matter and mortgage registration,which provides a practical basis for the study of floating mortgage system of movable property.Then,on the basis of combing 274 cases,this paper summarizes the current situation of our country’s judicial practice and evaluates the floating mortgage system of movable property in China and summarizes the problems existing in the floating mortgage system in our country into five categories,including the broad scope of the subject,the narrow scope of the mortgage subject matter,the non-unification of the registration operation standard,the unclear realization of the order and imperfect credit supervision system.Through summing up the related problems,it provides the direction for perfecting the floating mortgage system of movable property.Finally,in view of the problems existing in practice,this paper puts forward some concrete suggestions on the floating mortgage system of movable property which accords with the basic situation of our country,including narrowing the scope of the main body of the mortgage,expanding the scope of the subject matter of the mortgage,establishing a unified registration operation standard,clarifying the rules of priority ranking,and establishing a credit supervision system,to provide legal protection for solving practical problems.Figure 6;Table 4;Reference 55...