Study On The Floating Charge In The Vision Of Comparative Law

Floating charge was created from the"Judge---made law"security system in Common law system countries,it was a breakthrough in our traditional security system to confirm this security pattern in law.But as a new institution,there are some limitations in its running process inevitably,so we should perfect it gradually in practice.This article discusses the floating charge systemically in comparative method, and inspects some relative provisions and operation of it in other countries.Based on the analysis of justice practices and formulations in our country,learn from successful experiences of other countries,it proposed some suggestions to perfect our"Floating charge"system.,including charging subjects,charging properties,registration system,holding the fort system in order to ensure creditors'rights and benefits,and unleash the abundantly.This article has many innovations: investigate the reasons behind the different provisions of the floating charge publicity effect in various countries, explore the development trend of it; In the view of the external system, examine the relationship between floating mortgage and pledge of accounts receivable and other related system, explore the defect of China's floating charge system; Do a good job on theoretical research of transplantation of laws , as this background, grasp the whole system of China's floating charge from macro and overall.