On The Floating Charge

Floating Charge System in China is indeed derived from Property Law of The People's Republic of China promulgated in 2007.However, scholars generally agreed that the provision itself is too simple and crude, and its scope is too general.On the scope of the mortgaged property, the restrictions of mortgagor, the protection of mortgagee and many other aspects, the rule is rather brief and deficient.All these make the new security system (as opposed to our case),which broadens the financing channels for small and medium market players, remain in the law level but not enter the field of practice. From the respective of value analysis on Foating Charge System, this paper states historical origins of the system and its architectur. Comparing with Floating Charge System on abroad, this paper reveals the existence of problems and deficiencies of our country and puts fotward the questions in practice and risk-prevention measures,which maybe benefit the extensive use of Floating Charge System in China.This article besides the introduction, is divided four parts, approximately 30,000 characters.The first partial Floating Charge System outline. This part mainly elaborated Floating Charge System's establishment and the formation, the floating charge concept and the characteristic, the floating charge value analysis and so on, is for the purpose of having one basically to the Floating Charge System, the summary understanding.The second partial floating charge several subject matters.Mainly introduced in the floating charge institutional framework sets up, the priority, the agreement provision potency about the floating charge, to realize the procedure, to take over control people several to give the explicit subject matter in the legislation, hoped that can have to the legislation uses for reference.The third part of Chinese and foreign fluctuation mortgage system comparison. This part mainly revolves the overseas legislative survey, carried on to the Chinese and foreign Floating Charge System quite elaborated, is for the purpose of through the understanding overseas about the fluctuation mortgage legislative situation, compared with our country in fluctuation mortgage system and overseas legislative difference, thus knew that our country fluctuated at present the mortgage system existence insufficiency.The fourth part of our country about floating charge legislative consummation. This part analyzed our country to fluctuate the charge system's legislative present situation and the existence question, proposed consummated the Floating Charge System's legislation to suggest, could serve well by the time Floating Charge System financing practice. Simultaneously links to the financial work reality, to reality using when loating charge guarantee form how did the control risk propose the measure and the suggestion, during display floating charge positive role's, maximum limit safeguard the financial claim not to harm.Conclusion that the floating charge to meet China's demand for financing small and medium market players is a very good way of security, its social value is obvious, but its wide range of applications also need a process, which requires the constant improvement of legislation, but also need to keep in practice conclusion, making the floating charge system has been fully play a role.