The Research On The Non-contentious Procedures For The Realization Of Security Interest

The realization of security interest is the most important effect of it, directly related tothe interest protection of the holder and normal operation of the security transaction system.Before Civil Procedure Law is revised this time, although The Real Right Law of ourcountry stipulates that the auction and disposal of the property as security can be applieddirectly, there is no procedural protection for the application and realization of securityinterest. To realize the function of security interest system and to make up for thedeficiency of system design, Articles196and197about the special procedure clauses forrealizing security interest are added in this revision of Civil Procedure Law, defining thatthe realization of security interest can be processed through non-contentious proceduresthose are simple and convenient. The above two new stipulations provide proceduralprotection for the non-contentious realization of security interest. However, we should seethat, given the general stipulations and the preliminary judicial practice in explorationstage, how to understand and apply non-contentious procedures becomes a focus in allwalks of life. Therefore, this paper states the necessity of non-contentious procedures in therealization of security interest theoretically and practically by the analysis andrearrangement of the significance of the realization of security interest, the legislation casecomparison of the realization approaches of security interest home and abroad and thestatus quo of the operational difficulties led by lack of the corresponding proceduralstipulations on the realization of security interest after the enforcement of The Real Right Law of our country. After researching the characteristics of the newly built non-contentiousprocedure system in the realization of security interest, the paper discusses the application,audit and implementation of the realization of security interest of our country in the centerof the enforcement of Articles196and197, in order to smooth the operation of therealization system of security interest of our country.