China’s Legal Obstacles To Achieve Mortgage Countermeasures

As an important role in the guarantee, the Mortgage guarantee is access to a wide range of using in practice. However, for various reasons, the mortgage, which seems to be prudent,often can not be achieved in the realization of the legislative, judicial, administrative or other reasons. This problem results in the loss of the creditors of assets, has seriously hampered the financial sector as well as the real economy.The problem of difficulties of achieving mortgage is not only a historical issue, but also a widespread problem in reality, which is subject to a long-term problem to be researched and solved, and therefore it has been the focus of attention of scholars and practitioners at home and abroad,the research of it are also voluminous.On the status of our country, on the one hand the financial industry is developing fast, various forms of mortgage loans have launched an urgent need for legal support given to the judicial level achieved in terms of the mortgage; on the other hand, it is the existing laws and regulations in realization of the mortgagee had not yet achieved the formation of mature system, or the specific regulations yet it is not perfect and there are some parts of refinement, making mortgage obstacles still exist.In this paper, the perspective of procedural and substantive law, and to study the problem of mortgage achieve justice, combined with our legal statute on China’s regulations on this specific analysis and identify existing problems, the author put forward proposals. This study one can achieve in the cause of justice because the mortgage disputes, provide treatment basis and reference for the decision-maker; the other hand, trying to find some legal issues arise row surviving, and thus make appropriate recommendations for the improvement of relevant.Based on the above logical thinking, the paper is divided into five parts Introduction and five chapters, each chapter reads as follows: Introduction. From this part of the research significance, the oretical research tool methods adopted two aspects of existing research literature summarized, and introduces the basic ideas and the structural framework of this article.The first chapter, The realizing of the mortgagee on legislative changes. This chapter in our country property law and specific provisions of the new Civil Procedure from both procedural and substantive law, the legal regulation to achieve a series of changes in the mortgage were specific analysis.The second chapter, Analyzes of obstacles to achieve the mortgagee. This chapter discusses the combination of the previous chapter, several obstacles to the realization of the mortgagee in the presence of justice, including the lack of ability to recover and affect other priorities, the relevant provisions of the way the mortgage is not enough to achieve a concrete analysis thinning.The third chapter, Policy recommendations to achieve the mortgage system. This chapter combines the foregoing, for judicial obstacles presented in the previous section, put forward relevant policy recommendations.Chapter IV,.,Conclusion. The basic ideas of this paper to summarize it.Through previous research literature neglect of finishing, I found that some of the shortcomings of current research, especially after the introduction of the new Civil Procedure, for the study of non-complaint in the form of mortgage-related achieve legal regulation, are rare. In addition, for the realization of the mortgage, the study from the perspective of substantive law or procedural law literature more, and a combination of both, from the perspective of dialectical unity less research, more research is based on the status quo has not been involved or less office, I try to research and innovation in the following areas:on the basis of a clear concept of the mortgage, the mortgagee to realize the conditions, ways and procedures, combined with China’s judicial characteristics of our judicial realization of mortgage regulation, from both a substantive and procedural law analysis; combined with the specific statute, judicial obstacles to achieve the mortgagee to analyze; accordance with the foregoing analysis, combined with the comparative and foreign law, to identify our current problems of legal regulation, and gives recommendations for improvement.