Floating Guarantee System Research

Floating charge begins from the Case-law of England, and it is very special system in the England, even in the word. It does not shift the occupation of guarantee, and you can have the property to make the mortgage in the future, and permits the guarantor to punish the property freely in the scope of the daily management. Moreover the floating charge does not need to make the registration on the single guarantee, reduced the cost of guarantee, and convenient, fast, which is called has the largest capacity, and is the most convenient way for guarantee. The appearance of floating charge complete the financing way of enterprise , improve the quality of use.Floating charge is very popular in England for hundreds years. China is in the era of rapid development, enterprise development in the national economy accounts for an important position. In order to rapid development of enterprises, it needs to expand financing channels. As a result of the value of the nimble system on the floating charge, and the profit to the finance, our country has introduced the floating charge system in the Property Law. But the course of floating charge is very complicated, you must have the learning course to get the goal of us.The article has carried on the systemtic analysis to the fluctuation guarantee system, and carries on the discussion unifies the newest legislation to the theory and the related questions in the practice. Hope to understand this system better, and make it can be served for our economic life, than make it become the important way for the small and medium-sized enterprise financing. the article is composed of five parts.The first: Basic theory of the floating charge. This part elaborate the concept, characteristics of the floating charge, following the case about the establish of the floating charge system in England, recall the origin of the floating charge system, meanwhile, comparative analyzes the mainland's floating charge system with Anglo-American's, and two theories of the essence of the floating charge. Those take the function for the good reference about introducing floating charge system in our country .The second:It elaborates the operation of the floating charge system. Mainly , it introduces the set of floating charge system, including the main set, the calibration and the registration, and the dormancy and the crystallization of the floating charge system. From the operating perspective of the system, this part comprehensively elaborates the floating charge system.The third:It introduces strengths and weaknesses of the floating charge system. The strengths of the floating charge system are systemtic flexibility, fast, low cost, and can make the property of charge system play the largest effectiveness. The weakness is a high demand for the risk control.The fourth:Introduce the floating security in the country's international project finance practice in the case, and the floating secured financing of SME's in China in the exploration and analysis of China's floating security system deficiencies, by improving the security of China's floating the legislative style, and gradually open up the main body of floating security, expand the floating scope of application of the secured property, improve the registration system of floating security and the priority system.