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Problems And Suggestions On The Legal System Of Warehouse Receipt Pledge In Civil Code

Posted on:2024-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z H HuangFull Text:PDF
GTID:2556306944960629Subject:legal
Abstract/Summary:PDF Full Text Request
As an ideal means of logistics financing,warehouse receipt pledge provides service transactions and financing for the physical industry chain,which is not only conducive to the development of the warehousing and logistics industry,but also conducive to the establishment of a national unified market.China has not formulated special legal norms on warehouse receipts.the Civil Code integrates the legal norms related to the original warehouse receipts and modifies a small part of the contents,which generally inherits the warehouse receipt norms in the original contract law,property law,guarantee law and other legal system.In the practice of warehouse receipt pledge,the pledgee often becomes the target of transaction fraud between financiers and warehousing enterprises.repeated pledge and one-order multi-pledge are difficult to prevent,which cause a chain reaction,destroy the financing order,and seriously disrupt the operation of the economic market.Warehouse receipt pledge can be divided into standard warehouse receipt pledge and non-standard warehouse receipt pledge,and non-standard warehouse receipt pledge can be divided into paper warehouse receipt pledge and electronic warehouse receipt pledge.This paper analyzes and summarizes the causes of warehouse receipt pledge cases on the basis of searching the court cases of multiple pledge of warehouse receipt,repeated pledge,investigating the actual situation of the case,and summarizing the existing research results,and puts forward some suggestions on how to improve the system of warehouse receipt pledge.At present,the problems existing in the warehouse receipt pledge system in China are as follows:first,as the key to the warehouse receipt pledge,the identification standard is vague in practice,and the legislation,practice and judicature are disjointed.Second,the warehouse receipt pledge registration institution is confused,and the Civil Code stipulates the effectiveness of the warehouse receipt pledge registration,but there is no specific explanation for the warehouse receipt pledge registration institution,which leads to the confusion of the registrable institution.Third,the registration standard of warehouse receipt pledge is unknown,and the electronic warehouse receipt pledge is lack of relevant legal provisions.Fourth,illegal operation of warehouse receipt pledge and conspiracy fraud are prevalent in practice.In order to overcome the above problems,this paper puts forward the following suggestions:first,in legislation to promote the formulation of warehouse receipt standard law,clear warehouse receipt standard in practice,clear warehouse receipt pledge establishment standard,to find a suitable way for the realization of warehouse receipt pledge.The second is to unify the warehouse receipt pledge registration institution and establish an information publicity and sharing platform.The third is to establish the electronic warehouse receipt system and introduce the block chain technical specification warehouse receipt pledge.The fourth is to introduce the fourth party system to be responsible for the follow-up disposal of warehouse receipt pledge.
Keywords/Search Tags:warehouse receipt pledge, legal risk, suggestion
PDF Full Text Request
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