Research On Legal Issues Of Bank Margin Pledge

In recent years,the guarantee of bank margin has become one of the widely used ways of guarantee in the socialist market economy of our country,and it plays an increasingly important role in the field of financing guarantee.The advantages of bank margin are obvious,its procedure is simple,its operation is flexible,it can achieve the financing purpose at a lower cost,and it can more conform to the development trend of financial business.However,the current legal system of bank guarantee is not mature and standardized.The absence of legal system leads to different degree of problems and loopholes in the process of setting up rights and realizing rights.These problems and loopholes are necessary to be discussed and analyzed in legal theory,which is also of great significance to judicial practice.Based on the analysis of the basic theory of bank margin,this paper analyzes and sums up the common and individual problems reflected by various types of bank margin,analyzes the legal problems existing in bank margin,and finally puts forward the countermeasures and suggestions to improve the legal system of bank margin pledge in China,so as to realize the guarantee of bank margin in practice The goal of law.Based on this,this paper according to the following research ideas,in addition to the introduction,divided into four parts.The introduction part mainly explains the origin of the topic,the research status and trend at home and abroad,as well as the research methods.The first part is about the basic theory of bank margin.This paper clarifies the definition and legal attribute of the bank guarantee,analyzes the guarantee of the bank guarantee metal in the guarantee behavior,not the guarantee of the person or money(deposit),and belongs to the pledge behavior in the guarantee of the thing.In addition,this paper expounds some theories concerning the legal attribute of bank deposit,such as the theory of trust assignment and guarantee,the theory of right pledge,the theory of chattel pledge,the theory of bank offset,etc.,and emphatically analyzes the difference between the theory of right pledge and the theory of chattel pledge,and holds that no matter from the logic of legal theory,from the legitimacy of the realization of rights,and from the full play of the system effectiveness,It is more reasonable to regard the pledge of bank deposit as the pledge of right.The second part is about the judicial practice of bank deposit pledge.Based on the investigation of the real cases,this paper summarizes the four problems reflected in the judicial practice of bank deposit pledge:first,the bank deposit is often faced with the dilemma of being executed by another case;second,the effectiveness of bank deposit pledge is difficult to be confirmed because there is no written pledge contract;third,the delivery or specific standards of deposit cannot be unified;fourth,the priority of payment of deposit It cannot be effectively guaranteed.The third part is the theoretical analysis of the practical problems of bank margin pledge.The solution of the above problems reflected in the practical operation of bank deposit needs to be based on a thorough analysis of the legal attribute of bank deposit itself to get a better solution.Therefore,on the premise of recognizing that bank deposit is a kind of pledge right,it is necessary to establish the elements of the pledge right and clarify the word "pledge" for the establishment of bank deposit contract The four key issues of whether to stipulate the right of priority in the contract,the specific conditions of the pledged money and the delivery conditions of the transferred creditor are analyzed theoretically from the perspectives of right pledge and chattel pledge.The fourth part is the legal countermeasures to improve the pledge of bank deposit.Based on the results of judicial practice and theoretical discussion,from the perspective of taking the bank deposit as the pledge of movable property,from the perspective of confirming the real right effect of the bank deposit pledge,standardizing the signing of the deposit pledge contract,refining the effective elements of the pledge such as"specialization" and "transfer to the creditor’s possession",improving the publicity method(setting up a unified registration system of the deposit pledge),standardizing This paper discusses six aspects of banking related business process and supervision,and makes clear the process to ensure the realization of the pledge right of gold pledge,and puts forward legal countermeasures and suggestions for the improvement of China’s bank guarantee pledge system.