| In the early nineteenth century, the UK established the floating charge to adapt the needs of corporate financing. After a hundred years of development, the floating charge not only was developing and consummating in the UK, but also had been recognized by many other countries. With the development of our country's market economy, there had been some cases which used the floating charge as the corporate financing, the< Property Law> confesses the legal status of the floating charge, too. All of the facts illustrate that as a new way of corporate financing, the existence of the floating charge has the necessity and the possibility.This paper focuses on "the research of the floating charge", on the basis of the development, meaning and value of the floating charge, the author discusses the various legal aspects of floating charge, using a comparative analysis method. Then, by the method of comparative analysis, the author proposes some perfect proposal for our country's floating charge.This paper is consisted with three parts: Part one:the description of the floating charge. In this part, the author does the semantic analysis, the historical analysis the feature analysis and the value analysis, then, at this basis, introduces the meaning, characteristic, history and the value of the floating charge. All of those are very useful for us to comprehend the floating charge.Part two:analyzing the floating charge by the comparative analysis method. In this part, the author mainly introduces some provisions of the floating charge in the other country, such as main body, property scope, establishment, priority, determination of the property and execution. When the author introduces other country's provisions, the author does not only pay attention to Anglo-American law countries, but also introduces some provisions in the civil law countries. This part aims to prepare for the following research.Part three:the thoughts on the floating charge in the< Property Law>. This part is the core part. In this part, the author combines the legislative status of the floating charge in the< Property Law> with the superiority of the floating charge, and then from the legislative point of view, puts forward some comprehensive proposal about the problems as follow:constructing the credit system, expanding the creditor's right, extending the scope of the subject, formulating the rational priority rules, defining the circumstances of determination and perfecting the execution. The author hopes that these researches can play the a little effect to perfect the floating charge in our country. |
