应收账款担保融资的法律研究
发布时间：2019-01-04 18:28
【摘要】：我国一直努力拓宽中小企业融资平台,为实体经济提供融资渠道。然而中小企业所特有的担保物缺乏造成了中小企业融资难的尴尬局面。而通过境外金融模式的引进,应收账款担保融资无疑为解决中小企业融资难开启了一扇门。我国《物权法》亦对应收账款质押作出了规定,一定程度上为应收账款担保融资业务在我国的发展明确了法律地位。然而,由于我国目前应收账款担保融资法律制度的缺陷引致实践中存在种种问题,应收账款的界定不明确、公示制度不健全、应收账款担保权利实现制度不完善、基础权利瑕疵以及因基础交易合同一方或双方当事人恶意产生之风险等,均令中小型金融机构对开展应收账款担保融易业务存有疑虑,并且难以拓宽应收账款融资业务品种,以致令融资申请人对应收账款融资的热情减却。通过对境外应收账款的界定、担保公示制度、担保权利实现制度以及应收账款担保融资的法律监管进行研究,利用对比分析的方法以求对我国应收账款担保融资风险监管制度提出实质有效的建议。
[Abstract]:China has been trying to broaden the financing platform for small and medium-sized enterprises to provide financing channels for the real economy. However, the lack of special collateral for small and medium-sized enterprises makes it difficult for them to raise funds. Through the introduction of overseas financial model, accounts receivable guarantee financing has undoubtedly opened a door to solve the financing difficulties of small and medium-sized enterprises. The property Law of our country also provides the pledge of accounts receivable, to a certain extent, it clarifies the legal status for the development of the guarantee financing business of accounts receivable in our country. However, due to the defects of the current legal system of guarantee financing of accounts receivable in China, there are various problems in practice, the definition of accounts receivable is not clear, the system of publicity is not perfect, and the system of realizing the security rights of accounts receivable is not perfect. The defects of basic rights and the risk of maliciously arising from one party or both parties of the basic transaction contract make small and medium-sized financial institutions have doubts about the development of accounts receivable guarantee and exchange business, and it is difficult to broaden the range of accounts receivable financing business. So that financing applicants for accounts receivable financing enthusiasm decreased. Through the definition of overseas accounts receivable, the public security system, the realization of security rights and the legal supervision of accounts receivable financing, By using the method of comparative analysis, this paper puts forward some effective suggestions on the supervision system of the guarantee financing risk of accounts receivable in our country.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2;D923.6
[Abstract]:China has been trying to broaden the financing platform for small and medium-sized enterprises to provide financing channels for the real economy. However, the lack of special collateral for small and medium-sized enterprises makes it difficult for them to raise funds. Through the introduction of overseas financial model, accounts receivable guarantee financing has undoubtedly opened a door to solve the financing difficulties of small and medium-sized enterprises. The property Law of our country also provides the pledge of accounts receivable, to a certain extent, it clarifies the legal status for the development of the guarantee financing business of accounts receivable in our country. However, due to the defects of the current legal system of guarantee financing of accounts receivable in China, there are various problems in practice, the definition of accounts receivable is not clear, the system of publicity is not perfect, and the system of realizing the security rights of accounts receivable is not perfect. The defects of basic rights and the risk of maliciously arising from one party or both parties of the basic transaction contract make small and medium-sized financial institutions have doubts about the development of accounts receivable guarantee and exchange business, and it is difficult to broaden the range of accounts receivable financing business. So that financing applicants for accounts receivable financing enthusiasm decreased. Through the definition of overseas accounts receivable, the public security system, the realization of security rights and the legal supervision of accounts receivable financing, By using the method of comparative analysis, this paper puts forward some effective suggestions on the supervision system of the guarantee financing risk of accounts receivable in our country.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2;D923.6
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