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A Study On The Realization Mechanism Of Security Interest In China

Posted on:2016-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2206330470481245Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of economy, the consciousness of people is also more and more strong, more and more creditors by the prosecution to the court to be realized, and the procedure is time-consuming, low efficiency, so as to give creditors caused tired of first instance, in the past, through litigation to protect creditor’s legitimate rights and interests have been unable to meet the social needs, to achieve special the program of real rights for security appears, the-realization of security interest with the introduction of the new civil procedure law again become a hot topic of academic discussion, in 2012 China’s "Civil Procedure Law" to the great extent changes, the new"civil procedure law" in the special program in the fifteenth chapter, plus a enjoy popular confidence. A new non litigation procedures:the special procedure of real rights for security. So in the past "property law", "guarantee law" provisions of the law of real right for security system in the procedural law guarantee, so, realization conditions, realization, implementation procedures of real right for security provisions,achieve the connection between the substantive law and procedural law, the real right for security constitutes a framework implementation of the system, and in 2015 the Supreme People’s Court issued on the application of "Civil Procedure Law" judicial interpretation, for the realization of the real rights for security program is a new judicial interpretation, to solve some of the theorists, practitioners have been in all kinds of discussion, the author intends to "guarantee law", "property law" with the new "Civil Procedure Law" and the judicial interpretation of the implementation of real right for security cases in terms of the depth of interpretation, from the substantive law and procedural law, considering the combination of analysis. Real right for security system appears to have been perfect, but in practice there are still many problems to be taken by surprise, such as:who can serve as the main application requesting the court to auction, the sale of the new "Civil Procedure Law"; the 196th is only applicable to the mortgage, the package does not include powers and lien; after receiving the court for review problems and so on. The author writes this paper mainly aims to solve two problems:1, the real right for security system encountered difficulties in practice and the solution; the development trend of the system, the realization of guarantee right and perfect 2. In this paper, the author also analyzed the realization of security interest legislation system, to learn advanced foreign real right for security system, for our country the real right for security system development direction. In this paper, the author mainly from the private power in the realization of guarantee right remedy and public remedy these two aspects of private remedy, including negotiation and self relief, public remedy is mainly through the court shall make a judgment or ruling, these two methods have stipulated in China’s "property law" as the substantive law, the author analyzes one by one, the experience is still shallow, ability is not enough, there are still deficiencies in this paper.The author dare not say to the real right for security system.detailed explanations, just to make my own effort.
Keywords/Search Tags:Real rights for security implementation, The auction, A private aid force, Public aid force, The non-lawsuit procedure
PDF Full Text Request
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