证券市场导报Issue(6)：60-70,11.
融资融券业务担保物法律性质的界定——以账户体系为视角
摘要
Abstract
The perspective of account system is conductive in resolving the problem of the definition of legal nature of the guaranty in margin trading. As to this question, the scholars and practitioners respectively hold different views. The core argument behind various views is the definition of "ownership" and "possession" of securities and cash. The account systems of securities and cash both have experienced the development from the direct holding system to the indirect holding system as well as from the disperse custody to the centralized custody during which the right of investor to the account has fundamentally changed. However, the division of "ownership" and "possession" of securities and cash has achieved in account systems of margin trading in China by the use of the guaranty account and the "second-level account", from which we can make conclusion that the legal nature of the guaranty relationship can be defined as the maximum amount of pledge legal relationship and the guaranty as the object of maximum amount of pledge.关键词
融资融券/担保物法律性质/最高额质押Key words
margin trading/legal nature of the guaranty/maximum amount pledge分类
社会科学引用本文复制引用
杨光..融资融券业务担保物法律性质的界定——以账户体系为视角[J].证券市场导报,2018,(6):60-70,11.
