Study On The Realization Procedure Of The Security Interest In China

The realization proceduce of security interest is that debtor fails to pay due debts oragreed to realize security interest has taken place,the rights holders has the right ofdisposing the collateral and compensation priority,including self-help and public reliefprogram.This paper presents: the realization of a security interest in the nature of theshould belong to the non-litigation procedure. Firstly, from the law value analysisperspective, the security interest procedures applicable to control litigation costs andpromote the secured transactions, Simple and convenient, improve judicial efficiency.Secondly, from the perspective of law theory, It is consistent with the nature of theproceedings characteristics and values, the Public Credibility principle, in line with asecurity interest in the property nature. New Civil Procedure Law subject of anapplication is not clear, the uncertainty of the eligibility criteria of the applicant’s right torelief.First, at the application stage, The body includes the right to apply for a securityinterest in the secured property rights and the pledgor lien debtor mortgagor. Theapplicant shall be established in accordance with the law the burden of proof of whetherthe security and whether the security interest is to achieve the realization of conditionsinterest. Secondly, in the review stage, review the form on the principle of the review.The effectiveness of the application of the security interest in auction guarantees propertyresulting price of gold to settle priority secured claims. Respondent should be given rightto dissent. Again, in the implementation of the program, Ruled directly by the judicialdepartments should be transferred to the executive department. Allow no objections areraised within the objection period, the respondent in the execution proceedings. Finally,in the implementation of the program has been the end of the guarantor to compensate forthe loss, damages or unjust enrichment return can be filed security rights.