Research On Hhypothec' Remedy System

"A right without remedy is not a right."Hypothec, as the right endowed the party by the law, would be protected once it is infringed. The dissertation is the research on the hypothec'remedy system, which is taking the characteristic of the hypothec system as the basic and making comparison between China's and foreign countries'system, even including comparing with the one in Taiwan area. In order to make some contribution for the hypothec system in China, it makes comments and analyses entirely combining to our legislation status and eventually proposes the conception on how to establish our own hypothec'remedy system.The dissertation is divided into four parts including about 40000 words. The first part is mainly addressing the theoretical foundation of the remedy system on infringed hypothec. First of all, it's the common theoretical research on hypothec system, including its nature, characters and functions, and these can supply with the proper remedy methods according to the particularity of the hypothec right. And then it is about the theoretical research on infringing the right of hypothec. Based on approving of the theory on affirming infringing hypothec, it dissertates the traits and species of the behaviors on infringing hypothec. Lastly, a common theoretical research on the remedy of the hypothec right is stated. After discussing the contents and characters of the relief to right, the meaning of the hypothec'remedy and its contents can be developed and solutions on the remedy are further discussed. These are the bases of making other statements in this article.The second part is the comparisons on the remedy system of infringed hypothec between foreign countries and Taiwan area. The dissertation particularly sums up and studies on the theories and practice on the remedy system in Germany, Japan and our Taiwan area. Such a conclusion is carried out: in these countries and area, although the remedy systems are different each other on the legislation styles, remedy ways and procedures, there are still something existing in common and playing the function strongly. Such as the design of system are very strict, easy acting and many ways to relief. There are great influence and value for us to learn how to perfect China's remedy system on the hypothec right.The comments and analyses on the status of China's remedy system are proposed in the third part. Through summarizing and analyzing on the current legislation and...