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为丰富中小企业、个体工商户及农业生产经营者等经济主体的融资渠道,解决大量动产闲置与融资难的矛盾,物权法首次确立了浮动抵押制度,这一立法不仅扩大了抵押人尤其是中小企业担保能力,而且丰富了商业银行的担保方式,扩大了商业银行的信贷主体。但不容忽视的立法缺陷,配套机制的不完善,社会信用体系的不健全,中小企业自身生命周期等因素都将影响银行适用浮动抵押的债权保障和实现,浮动抵押在实践中的适用陷入困境。但是该制度的拓展性优势必然给商业银行带来空前的业务拓展机遇,因此商业银行应该在清晰认识可能存在的风险的基础上,制定完善相应的风险防范措施,扬长避短充分发挥该制度的效能。
In order to enrich financing channels for economic entities such as small and medium-sized enterprises, individual industrial and commercial households and agricultural producers and operators, and to solve the contradiction between the large number of idle and financing difficulties of movable property, the Property Law has for the first time established a floating mortgage system. This legislation not only expands the situation of mortgages, especially small and medium-sized enterprises Guarantee ability, but also enriched the guarantee ways of commercial banks and expanded the credit main body of commercial banks. However, imperfect legislative defects, inadequate supporting mechanisms, imperfect social credit system, and the life cycle of SMEs themselves will all affect the guarantee and realization of the claims of floating mortgages for banks. The application of floating mortgages in practice is in a dilemma. However, the expanding advantages of the system will inevitably bring unprecedented business expansion opportunities for commercial banks. Therefore, commercial banks should formulate and improve corresponding risk prevention measures on the basis of a clear understanding of possible risks, and give full play to the effectiveness of the system.