The Study On The Implementation Program Of Real Rights For Security

Demand for the procedural law in response to achieve the real rights for security case strongly calls forchanges in the civil procedure law in2012of new special procedure to implement the real rights forsecurity, the revision on the procedures for the implementation of the real rights for security case escort,realize the harmony of substantive law and procedural law cohesion, for the function of real rights forsecurity system further. But in front of the new type of real rights for security number case, article196、197, the two provisions of the civil procedure law does not solve the litigation process, such as the scope ofthe applicant, in the determination of the jurisdiction of the court, review the effectiveness of the methodand content, the referee and so on. Therefore, the purpose of this paper is to combine the characteristics ofthe real rights for security case the non-lawsuit nature,from the Angle of laws interpretation, existing in ourcountry legal framework for the implementation of the real rights for security case for a more detailed rulesshall apply. Article including the preface and epilogue, outside the main content includes five parts. Thisarticle mainly focuses on the study of real rights for security from the perspective of procedural lawproblems in the process of implementation.The first part of the real rights for security "the applicable scope of the implementation process.First of all, the real rights for security implementation procedures applicable to kinds of real rights forsecurity in specific analysis, it is concluded that the mortgage, pledge and lien should apply real rights forsecurity to achieve the conclusion of the program. Second, whether the mortgage of the ship inimplementation program can apply to the civil procedure law of real rights for security implementationprocess are discussed, in the ship mortgage implementation case for the maritime litigation specialprocedure law of the People’s Republic of China shall be governed by the provisions of the regulations, forthose such as rules of evidence, such as stipulated on the judicial organization to apply to the civilprocedure law of real rights for security rules of the case that be not.The second part of the real rights for security implementation program start ". First of all, the realrights for security in the implementation process should include the scope of the applicant and the respondent. Applicants include the real rights for security and the pledgor, lien, mortgage debtor and otherreserves the right to request for the body of the real rights for security procedures.The applicant including real rights for security and the pledgor, lien, mortgage debtor and necessaryparty. Second, illuminates the applicant the realization of procedures real rights for security conditions, realrights for security effective, Lord debt debtor defaults to the expiration of the time, by written notice toapply to the court that has jurisdiction over the. Finally, in a case shall be under the jurisdiction of problemanalysis, real rights for security administration can choose suitable case, can’t apply real estate exclusivejurisdiction and the jurisdiction of the court.The third part of the real rights for security implementation program review ". First of all, according tothe analysis of the characteristics of the non-lawsuit of real rights for security case of real rights for securitycase review should apply to review form. Second, in the form of examination under the examinationcontent should include: the existence of real rights for security and creditor’s rights is the amortizationperiod and is not, whether the statutory or agreed to achieve real rights for security situation, whether thereis the applicant or an outsider.The fourth part "the judgment of real rights for security implementation program". First of all, the realrights for security to realize the referee to choose "ruling" is mainly based on the real rights for securityimplementation program set the value of the requirements, two aspects of the nature of the real rights forsecurity implementation program feature requirements. Secondly, summarizes the real rights for securityimplementation procedure in court end "ruling" two circumstances, namely due to the behavior of theapplicant, the end and end due to the act of a third person or the interested party. Again, the effectiveness ofthe decision problem is analyzed, based on the principle of the non-lawsuit procedure, legal basis, thenon-lawsuit procedure guarantee a referee is being sentenced to force, to prevent false contract of realrights for security,"the civil procedure law" legislation itself means a few aspects of the analysis it isconcluded that the ruling does not have the conclusion of res judicata. Finally, if the real rights for securityruled that there is error in the implementation process, the parties need to make the referee to the court toapply to the court at this time only for real rights for security implementation program to make the originalruling shall be revoked in accordance with the original procedures at the same time make a new ruling; While an outsider can mention the third person to the court for the dissolution of proceeding to relieve theirdamaged rights and interests.The fifth part "permission to auction or sell off ruling execution". First of all, to the execution notice theperson subjected to execution is the duty of the court must fulfill. Second, in the court before the judgmentis made before she can apply for dissent and into executable program of an outsider, in the execution phasemay directly file the execution objection proceeding.