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回望过去的三十多年,我国经济借助改革开放的东风一直在快速的发展,经济实力也在不断增强。伴随社会主义市场经济发展的还有市场主体,市场主体的种类逐渐呈现多样化、复杂化。企业的日常经营活动越来越频繁,为适应市场发展和经营活动的需要,不得不进行必要的融资活动。然而,传统的担保形式已不能很好的满足企业融资需求。2007年颁布的《物权法》中引入了浮动抵押制度,是我国在担保领域的一次制度性的创新,实现了在担保物权领域的重大突破。文章从浮动抵押制度的内涵以及存在的问题方面进行分析,力求找出完善该制度的思路。
Looking back over the past thirty years, the economy of our country has been rapidly developing with the aid of the reform and opening up and its economic strength is also constantly increasing. Along with the development of the socialist market economy, there are still market players whose types of market entities are gradually diversified and complicated. Enterprises daily business activities more frequently, in order to meet the needs of market development and business activities, had to carry out the necessary financing activities. However, the traditional form of guarantee can not meet the financing needs of enterprises well. The introduction of a floating mortgage system in the Real Right Law promulgated in 2007 is an institutional innovation in the field of guarantee in our country and a major breakthrough in the field of security interest has been realized. The article analyzes the connotation of the floating mortgage system and its existing problems, and tries to find out the way of perfecting the system.