Study On The Effectiveness And Realization Mechanism Of The Pledge Notice Of Accounts Receivable

In the judicial practice,regarding the issue of the validity of the pledge notice of accounts receivable and the realization mechanism,there is a serious phenomenon of difierent judgments in the same case.The judicial act made by the court is the extension and application of the judicial system in practice:China’s Property Law clearly stipulates that the establishment of the pledge of accounts receivable is a "written contract+registration"publicity method.As the most important part of the establishment of the connection pledge and the realization of pledge,the notice is not regulated by our laws.And the mechanism for the realization of accounts receivable is not clearly defined,and it is still an unconfirmed problem hidden in judicial decisions.In this regard,there is still a debate about the effectiveness of the former academic circles to inform the confrontationalism and the registration of the entry into force.As for the latter theory,there is a direct charge and the dispute of "discount,auction,sale".It can be seen that the most scholars analyze it from a theoretical perspective,as there is no empirical research on the problems in judicial practice,it is impossible to fully reflect and solve real problems in practice.Therefore,this paper has conducted in-depth research on the above issues in view of the disputes in its reality and judicial practice.First of all,as the beginning of the article is the issue of the article,this article starts from the classic case,the pledge of the accounts receivable of Fushun Bank①,and discusses the practical problems of the court in the case of encountering this dispute.Secondly,to explore the issue of the validity of the accounts receivable pledge notice and the realization mechanism,it is necessary to return to the legislation and conduct a detailed argumentation on the pledge of accounts receivable.In the case of ambiguous legislative provisions,there are many possibilities for the interpretation of the law.The second part of this paper demonstrates the legal interpretation of the pledge of accounts receivable.China’s Property Law does not mention the meaning of the pledge of accounts receivable,but only explains and limits the scope of accounts receivable and pledge targets in the manner of the People’s Bank of China order;and the pledge of accounts receivable and accounts receivable in legislation.The definition of the above can be done through the method of legislative interpretation and the research method of comparative law.Thirdly,the third part of this paper is to discuss the issue of the effectiveness and implementation mechanism of the pledge of accounts receivable.It is mainly divided into three levels:the first level is to test whether the judgments made by the judges in the pledge of accounts receivable of FT Bank are universal.This paper analyzes and counts the judicial cases and finds that the judges’ attitude are inconsistent,and the practical problems,which are notify and that the pledgee is difficult to realize the pledge,are urgently needed to be solved.The second level,as is mentioned above,is the extension of the judicial system in practice.However,China’s notification system does not stipulate,and there is no clear provision on the realization mechanism:the pledge realization mechanism that only expresses rights as rights in the property law can also apply the relevant provisions of the movable property pledge,but the differences between them are very large.Due to the fact that our country’s laws on the pledge of accounts receivable and the implementation mechanism are too rough and simple,the problems in practice are concentrated,and the rights of the pledgee are difficult to guarantee.However,the extraterritorial law on the pledge of accounts receivable is mature and useful for both notification and implementation mechanisms.At the third level,this paper analyzes the practices of the Anglo-American legal system and Continental law system with a comparative perspective,in order to be able to get objective norm and related normative guidance&theory required for practical operations in reality.Finally,the status of judicial adjudication has become a pressing force to the legislation and theoretical research.In the case of accounts receivable pledge,the judge can’t ignore the notice and that the pledgee is difficult to realize the existence of the real problem of pledge,and the investigation of comparative law It is also verifying this trend.The fourth part of this paper starts from the definition of the pledge of accounts receivable and raises the legislative level of China’s accounts receivable pledge system.On the basis of this discussion,it mainly draws on the practice of Continental law system,Japan.The design of confrontationalism,based on the research on China’s current system and judicial practice,is the model of the effectiveness of China’s accounts receivable pledge constructed:the legal effect of China’s pledge notice is different from that of the two major legal systems.The essence is the distinction of registration and notify.It is reflected in the pledge registration system between the pledgee and the pledgor,and the pledge notice makes the collateral right binding effect on the debtor① and limits its liquidation behavior.At the same time,in order to maximize the protection of the pledgee,China should connect with the international advanced legislation as soon as possible,and gives the pledgee the right to directly collect the pledge of accounts receivable.