China Mortgagee System

Focusing on the coercive realization of hypothec in China, this paper discusses on several questions of realization of hypothec in China. The whole paper falls into four parts with about 46,000 words.The first part is about the analysis of present situation of realization of hypothec in China. The author analyses the present baffle of realization of hypothec by private power and long proceeding as well as high lawsuit expense which includes public and private cost on realization of hypothec by public power in China, indicating that the present situation of realizing hypothec through notarization procedure is unusual and highly expensive, which greatly restrains the economic development in China.The second part is about the comparative review of realization of hypothec. On the basis of comparative analysis of realization of hypothec in typical countries and areas, the paper points out the pattern of judicatory protection combining saving oneself should be applied in China, because this pattern absorbs advantages and overcomes shortcomings of the two patterns, which respecting the will of concerned parties and remaining the proper intervention of administrative power, so that the concerned parties can be well protected.The third part is about the study on the necessity and feasibility of hypothec entering the procedure of coercive execution. First the paper analyzes the legal nature of hypothec, pointing out its nature. Second by perspective on economy cost, mistake cost and morality cost, the theory basis is offered in order to set up a reasonable system of realization of hypothec which is suitable for Chinese national condition. Then procedure usage and value in the process of realization of hypothec is analyzed and six principles are put forward: peace, free will, participation, equity, in time and no disputes. At last, from the point view of systematic theory, the author discusses the relationship between realization of hypothec and execution name, construct the executive factor of realization of hypothec, and puts forward the ideas of establishing register judicature and essential examination mechanism.The fourth part is about the concrete construction of realization of hypothec system in China. First taking the real estate as regulatory object, combining with the principles abovementioned, the author constructs on system of closing down, auction as well as coercive administration and make legislature proposals on realization of hypothec of real estate in China. Second taking the moveable property as regulatory object, the author analyses on realization of hypothec by private power, that is converting into money and selling off, bringing forward some original views.