仓单质押法律风险防范分析-物流工程专业论文.docxVIP

II II Abstract To some extent, pledge of warehouse receipts has become an effective solution to the difficult problem of corporate finance as an important means.Because of the different kinds of the warehouse receipts, pledge of warehouse receipts gradually has developed into the standard and non-standard warehouse receipt pledge in practice.Standard warehouse receipt pledge can be divided into existing standard warehouse receipt pledge and proposed standard warehouse receipt pledge,which are basically the same both in business processes and legal relations.However proposed standard warehouse receipt pledge emphasizes the order that is pledge after loan;its business operation is relatively complex and the risk is relatively large.Non-standard warehouse receipt pledge can be divided to existing cargo warehouse receipt pledge and future cargo warehouse receipt pledge，which is basically the same as the standard warehouse receipt pledge.However,its business operation and risk is different. It reveals the basic legal relationship in the pledge of warehouse receipts ,the debt and credit legal relationship,pledge guarantee legal relationship, warehousing legal relationship.Standard warehouse receipt pledge mode involves a fiduciary relationship between the bank, the applicant, and the exchanges and futures brokerage contractual relationship.It also involves the replacement, delivery and complement value.It is the same as the non-standard warehouse receipt pledge,however its business operation is different. Standard warehouse receipt pledge is not only regulated by the Property Law and Guarantee Law,but by the unified management of the Exchange,so it faces low legal risk and is controlled normatively.Contraily， non- standard warehouse receipt pledge faces much risk, which affects the interests of the parties.On one hand , it encounters risk in standard warehouse receipt pledge,such as whether the pledge registration agency is legal and effective,whether