On The Effectiveness Of Borrowings Secured By Mortgage And Behavior Identified

Loan contract disputes is an old problem of grassroots people's courts to resolve civil disputes, there are many causes. compared with other state-owned commercial banks, rural credit cooperatives rather late, lack of infrastructure development, which makes their credit do not have enough experience, the credit laws or regulations not fully implemented in practice and implementation. there are many problems in the initial development process, to some extent hindered the development process of rural credit cooperatives, so that it can not take full advantage of the unique in the market economic system functions, to promote the rural economy can not better faster, more stable, more healthy development. the author analyzes the specific issues related to the loan contract dispute, by means of a typical case, with a view to solve the loan contract disputes, improve the rural credit cooperatives credit system.this due to the subject matter (case study type) restrictions, only to start discussion and research on the case, and appropriate expansion and divergence in theory, not only the specific analysis of case materials, but also discusses the issues and recommendations from a legal and institutional level.this subject is divided into seven parts, as follows:First, in the introduction, a brief description of the purpose and scope of research papers, research status in the relevant field, theoretical, practical and research methods.The first part, a detailed presentation of the case, to be studied and discussed, and singled out, first and second instance courts make different decisions for the case, do the pre-foundation and pave the way for the discussion of this article.also summarized the focus of controversy, to find the object and focus of this paper.From the second part to the fifth part of the body, discusses the four summarized the focus of controversy, and details of the start.the second part, the main research question is the proper party in civil proceedings.proper party is the prerequisite and basis for civil proceedings begin, determine the scope and content of civil jurisdiction, reflecting the principles of civil rights action.in addition to the special provisions of law, actionable content and the object must follow the party's voluntary choice.mainly describes the meaning of proper party, the party's eligibility criteria, eligibility of the parties scientific classification, to the final assessment with case.The third part mainly discusses how to identify the ownership of home ownership, combined with changes in property rights theory.first of all, cited China's changes on property-related laws and regulations, and then introduce the theory of property changes, including the principle of publicity, public trust principles and methods of our publicity has been given a different effect, that is the doctrine of registered against and the doctrine of effectiveness of registration, and then make Conclusion on the case of housing ownership identification.in addition, on whether the case should be analyzed and discussed apply to the stay of proceedings, the first list of China's law on the stay of proceedings, pointing out that China's lack of legislation, and focuses on the reasons for the stay of proceedings shall apply.Part IV, mainly to commence, the effectiveness of the loan contract identified, the focus tends to handwriting issues.to point out flaws in the procedure of first instance, that no notes identified, denied the rights of parties to the litigation - debate.then, the relevance of the joint, discusses the handwriting problems in our country, to reveal and highlight the lack of analysis of two aspects: First, our handwriting is not high degree of specialization; the second is lack of control over the the cross-examination of conclusions of the handwriting process.Part V, mainly discusses how to identify the effectiveness of the behavior of mortgage guarantees, which is the biggest bone of contention, the case cited by this article, and it is a core part of this article.first, explain the meaning of collateral, collateral in the form, then the list of China's law on collateral, particularly in procedural requirements.by comparing the relationship between program justice and substantive justice, distinguish both differences, to focused discourse the importance of procedural justice.finally, with this cited case from the time of registration of mortgage defects and flaws in the registration record of the contents of the two to argue the case collateral is invalid.Conclusion, on the basis of the foregoing part of a detailed analysis and discussion of the case, conduct an overall evaluation of the first and second instance judges.then, summarize the results of discourse and put forward legislative proposals with a view to avoiding and resolving loan contract disputes in rural credit cooperatives.