Study On Legal Issues Concerning Inventory Pledge / Mortgage Of Guarantee Industry

Counter guarantee of financing warehouse mode is a kind of stock pledge under supervision, a creative material pledge way, the development of the former pledge mode, an extending form and development of the current pledge way which combines the practical law background and real situation of medium-sized and small enterprises, for the development of guarantee industry and it belongs to atypical guaranteed scope.In the thesis, it is introduced that the serving object, characteristic of medium-sized and small enterprises and surviving difficulty of guarantee organization by way of survey; discussed that the importance of exploring the way of inventory pledge has on the guarantee organization which survives between banks and risky clients; analyzed completely that objective environment factors and law factors brought by counter guarantee of financing warehouse mode; introduced comprehensively that the operation mode, characteristic and technological process of financing warehouse mode of Credit Guaranty Investment Limited Company of Jilin Province, and proved that the necessity of its existence and development with great factual proof, as well as the analysis of the law risk existing in operation and management with further statement.This thesis is divided into 5 parts.In Part-1, the objective environment factors brought by financing warehouse mode are revealed. In this part, the serving target of guarantee organization—the situation of medium-sized and small enterprises are introduced; the business characteristic of guarantee organization is analyzed, and the importance that exploring inventory pledge has on the guarantee organization is stated; guarantee organization creates financing warehouse mode aiming at inventory pledge; also in this part, it is pointed out that inventory pledge can play an important role in practical financing.In Part-2, the law factors for generating financing warehouse mode are analyzed in detail and two forms of movable property guarantee—pledge of movables and mortgage of movables are introduced comprehensively. First, in the part, the concept, characteristic, legal rules and shortcomings of pledge of movables are introduced; and then the course of legislation and legal rules of mortgage of movables, and the principle of public summons for registration of mortgage of movables, the principle protecting the kind third person and important document for taking mortgage of movables effect, and the realizing ways, principle and shortcomings of float mortgage in mortgage of movables; finally, the application in practice of pledge of movables and mortgage of movables are compared, to find that they have their own merits and demerits, to conclude that pledge of movables can protect the benefit of creditors to a great extent, but it's not flexible with limited scope, however, mortgage of movables has the flexibility to a great extent, yet it can't protect the benefit and right of credits in practice, but in favor of legal system of pledger. In the exploration of guarantee of movables, the realizing ways must be improved, just like financing warehouse mode which is brought by carrying out the guarantee of movables under supervision.In Part-3, it is introduced comprehensively the financing warehouse mode of Credit Guaranty Investment Limited Company of Jilin Province. In this part, financing warehouse mode is also introduced comprehensively from applying target, requirements, concrete technological process, business trait, supervision and personnel, key points, attentive problems and cases of success and failure.In Part-4, it is analyzed systematically several problems in law in design during final-period management. In this part, it is also analyzed that virtual deliver and virtual reception, excluding the custodial responsibility that pawnees have on pledge, pledge flow and whether the pledge contract is valid in inventory pledge in financing warehouse mode; the part also analyzes the problems on the effect of public summons in inventory mortgage and interfering the right and benefit of pledger.The substance of counter guarantee in financing warehouse mode is inventory pledge (mortgage) financing guarantee business under supervision; as a new type of extended product of finance and logistics service, it's neither proper pledge of movables nor proper mortgage of movables in, but a creation which adapts to the need of economic growth in current law, the significance of which is further, is the exploration for flexible use of law rules, and the creative use of law between the conflict of lawful reality, social reality.At present though in the operation there are some problems to be settled in theory and practice, it will certainly influence financial market, logistics operation, financing way and management idea greatly so as to play an improving role. The mode of business is changing with the development of economy, and the cooperation of financial institutions, especially guarantee organization and TPL will certainly make financing business of inventory pledge (mortgage) extend to the overall process of circulation, and we will encounter more difficulties in law and we will have more problems in law to study and discuss.