Study On The Realization Program Of Pledge

Realization of the right of pledge to pay off its due creditor’s right, is one of the mainrights of the pledgee, the most important objective is to pledge. At present, about therealization of the right of substantive law is mainly embodied in the "security law"seventy-first article second paragraph,"guarantee law" judicial interpretation of the firstparagraph of article128th and article130th and "property law"219th article secondparagraph, the provisions of article220th. But in1992the "Civil Procedure Law" andthere is no corresponding procedures and substantive rules are connected, until the2012amendments to the "Civil Procedure Law" in the fifteenth chapter, an increase of seventhday "for realizing the real rights for security case", this section of the new provisions ofcohesion is with "property law" program, also the program efficiency value of real right ofpledge pursuit. Through the study of relevant system in foreign countries and regions, thispaper holds that the public force in our country the choice of this procedure as therealization of the right relief mechanism is consistent with the actual situation of ourcountry. However, the author through the study of the existing legal provisions of ourcountry, found that there exist the following problems: private relief mechanism should beclear; the main application is not clear; the choice is not clear; the jurisdiction of the courtis not reasonable; the evidence materials; review procedure is not perfect; transferred tothe execution efficiency is low; the lack of applicable procedural safeguards; specificationis not proper; objection system lack; lack of noncontentious case law separate etc.. Facingmany problems above, the author of this paper thinks that, we need to take measures toimprove the implementation of standardized procedures, pledge. Specifically, embodied inthe following aspects: to further clarify the relief mechanism; clear application subject;clear the jurisdiction of the court; modification; refinement proof material; improve thereview process; to enforce rulings; perfect the procedural guarantee; change the applicablespecification; set the announcement period; constructing the objection system; formulateseparate noncontentious case law; the establishment of supporting mechanism and so on.The law proverb goes, a right without remedy is not a right, provisions on real right forsecurity program of the new "PRC Civil Procedure Law" provisions of cohesion, bothsubstantive law, more out of litigation economic considerations. However, the currentregulations on the whole is slightly thin, in practice there is no unified approach, in orderto avoid the "belated justice", this article attempts from several aspects of our country’s legal system of filling and perfect theory, expecting to provide some ideas and referencefor the realization of the right to perfect the procedure, the final how to practice, and test.