《物权法》首次规定的动产浮动抵押制度,该制度在传统物权理论的基础上加以创新,属于兼具保全功能和融资功能的新型担保方式。由于制度设计在立法层面上的疏漏,该制度在理论上不断遭到学者的批判,在实践中则对银行及民事主体鲜有涉及。随着这一制度执行,这种批判已经告一段落。但对这一批判进行反思,仍然有利于我们在实践中完善浮动抵押制度。 The property rights floating mortgage system stipulated for the first time by the Property Law, which is based on the traditional theory of property rights, is a new type of guarantee with both preserving and financing functions. Due to the omission of the system design at the legislative level, the system has been constantly criticized by scholars in theory. In practice, the system rarely involves banks and civil subjects. With the implementation of this system, this criticism has come to an end. However, rethinking this critique will still help us improve the floating mortgage system in practice.