论我国浮动抵押制度的完善

On Improving the Floating Charge System in China

浮动抵押制度具有扩大抵押人担保能力、不影响抵押人正常经营等独特优势。由于我国动产浮动抵押制度存在着浮动抵押权的客体范围过窄、缺乏接管人制度等设计上的不足,致使浮动抵押制度优势难以发挥。为此,文章提出应适当扩大设押财产范围、并对"正常经营活动"进行界定及合理限制、规定浮动抵押的接管人制度和健全社会信用体系等相应的完善措施,以实现浮动抵押制度在我国的有效运行。

The floating charge system has unique advantages： such as the ability to expand the mortgagor guarantee and not affecting the normal operation of the mortgagor, etc. There are flaws existing in China＇s floating chattel mortgage system design, such as the right to object floating charge too narrow and the lack of a receiver system. These deficiencies resulted in advantages of a floating charge is difficult to play. This paper presents the improvement of the corresponding measures, including expansion hypothesis mortgage property scope, carrying on the limits and the reasonable limit to normal management, the provisions of a receiver system for a floating charge and improving the social credit system, etc, so as to achieve a floating charge system for the effective functioning of the system in China.