| At present,with the rapid development of socialist market economy,the confirmed position trading mode has been widely used in market transactions.Due to its financing and guarantee functions,the confirmed position trading has become an important means for enterprises to obtain financing.For the buyer,the confirmed position transaction has the advantages of convenient financing and low financing cost,and for the seller,it has the characteristics of improving sales ability and gaining competitive advantage.However,due to the characteristics of the confirmed position transaction involving many subjects and complicated legal relations,the financing and guarantee functions of the confirmed position transaction mode are not fully played.In order to clarify the financing and guarantee functions of confirmed warehouse transactions and protect the rights between parties,this paper will start from the basic theory of confirmed warehouse transactions,analyze the difficulties and reasons for the realization of the financing and guarantee functions of confirmed warehouse transactions,and finally propose the establishment of legal system norms and the improvement of the role of atypical guarantee in confirmed warehouse transactions in terms of institutional improvement and legal system protection.In order to improve the financing and guarantee system of confirmative warehouse transactions,the confirmative warehouse transactions will play a greater role in the socialist market economy.The article is divided into the following three chapters:The first chapter is the basic theory of confirmed position trading.First of all,starting from the basic trading model and basic concept of confirmed warehouse trading,on the basis of clarifying the basic trading process of confirmed warehouse trading,the rationality and limitations of the definition of confirmed warehouse trading by many scholars at home and abroad are analyzed dialectically.Secondly,based on the analysis of the advantages and risks of confirmed warehouse trading,it analyzes the advantages and risks of confirmed warehouse trading for each subject,and has a deeper understanding of the operation mechanism of confirmed warehouse trading.Finally,summarize and analyze the legal relationship between the parties in the confirmed warehouse transaction,clarify the legal responsibility of the parties and the way of taking risks,and provide theoretical support for the stable operation of the confirmed warehouse transaction.The second chapter is the dilemma and reason analysis of the realization of the financing guarantee function of the confirmed warehouse.In this chapter,the financing difficulties faced by smes,the financial risks existing in banks,the inherent risks of the buying and selling market,the credit risks of the credit market and subjective risks are analyzed,and the role of the financing function of the confirmed position is not obvious.And through the specific analysis of the collusion between the buyer and the seller,the buyer and the seller’s unilateral behavior,which leads to the capital risk in the financing process,which makes it difficult to obtain financing.This paper expounds the difficulties of realizing the guarantee function in the confirmed warehouse from the aspects of the chaotic realization path and the lack of legal system.Starting from the theoretical basis of the guarantee function of the confirmed warehouse,the paper analyzes the reasons for the difficulty in realizing the guarantee function of the confirmed warehouse.The third chapter is the construction and improvement of the financing guarantee function of the confirmed warehouse.First,from the perspective of necessity,the traditional financing guarantee has been unable to meet the needs of market players,and the necessity of atypical financing guarantee is confirmed.This paper proposes to improve the financing guarantee system of confirmed warehouse transactions,analyzes the financing principle of confirmed warehouse transactions and integrates and optimizes it from three aspects: loan financing,guarantee financing and bill financing.Secondly,the guarantee system is improved from the pledge of movable property,bill guarantee repurchase and balance guarantee,and third-party logistics enterprise guarantee,and the responsibility of each subject is more clear to ensure the operation of confirmed warehouse transactions.Through perfecting the atypical guarantee system and bringing the confirmed warehouse trading cooperation agreement into the civil code system,the standardization and legalization of confirmed warehouse trading are expected to be realized. |
PDF Full Text Request