On The Setting Of China's Floating Mortgage And Realization

The market economy is the risk economy and credit economy. Under the market economy, the occurrence of the credit can not only be avoided, but also is the fundamental condition of the function of the market economy. In order to build up the credit of the subject of the market economy, avoid the occurrence of the crisis of the credit, prevent and diminish the risk of the transaction, ensure the discharge of the creditor's right and promote the circulation of the finance, all the countries that adopt the policy of the market economy lay emphasis on the problem of the guarantee, thus inevitably set up the system of the guarantee legal system that adjusts to the market economy. The development of the guaranty law has close relation with the elements of the economy. Under the condition of the system of the modern enterprise, in order to accommodate the need of the financing of the enterprise and bring into play of the efficiency of the property, it emerges a new kind of guarantee- floating charge. The emergence of the floating charge meets the needs of the modern industrial enterprise, answering for the need of the times. The real law introduces this system, thus having a significant meaningfulness to the development of our country's economy.This thesis' name is the setting up and realization of our country's floating charge right. It discusses several problems of the floating charge system through the method of the comparative analysis and historical method. The thesis is composed of introduction, main body and conclusion. The main body is composed of three chapters. Chapter one is the foundation of the whole thesis. It introduces the origin, characteristic, the legal circumstances of the floating charge. Chapter two concretely discusses some problems of the effectiveness of the floating charge and summarizes the advantage and disadvantage of the floating charge and the setting up of the floating charge in our country through the combination of the theory of home and abroad. Chapter three focuses on the realization of the floating charge and the problems that it exists in combination of the legislation and the practice of the floating charge, thus putting forward some opinions and suggestions for the construction of our country's floating charge.