As a system existing ever since ancient time,the floating mortgage,which solved to a certain extent the problems of fund insufficiency for some business operators and prospered the market with its flexibility,has been playing an important role in economic development of the human society.Due to the characteristics of “all laws combined,civil and criminal laws mixed” in ancient China’s legal system,there has been no floating mortgage system.There has been no specific stipulation on this issue since the founding of the People’s Republic of China until the year 2007 when the ‘Property Law of the People’s Republic of China’ was approved (by the National People's Congress of China) that it has been defined.Because of no relevant experience and precipitation in its making,there still exist certain defects in it which restricted its application in the market and which result in its restricted effect on the development of China’s economy.Beginning with a explanation of the floating mortgage,the writer of this article investigated its definition and basic legal characteristics,and indicated,by analyzing and comparing domestic and foreign floating mortgage systems,the defects existing in China’s floating mortgage system,and further made,on the basis of making reference to the advanced foreign system and integrating the actual situation in China,proposals for improvement of it.
【有點(diǎn)多,但還是完成了.】