Research On The Defects And Perfection Of Hypothec’s Implementation System In China

System of real rights for security is the footstone of credit system’s stabilization and safetyin China, and the fulfillment of real right for security, especially the fulfillment of the hypothecais the fundamental value of system of real rights for security. In China, the current legislation ofmortgage guarantee system is rough slightly, there are many improper places, to a certain extentthey affect the effective exertion of mortgage guarantee system’s function. This paper analyzesfrom the concept, significance and fulfillment procedures of hypotheca’s basic theory, and itintegrates the legislative history and actuality of the hypotheca’s fulfillment in China, and itanalyzes the problems of the ways to fulfill the hypotheca, at the same time, it compares theother countries’ general approaches of the hypotheca’s fulfillment to build a multi-layered modelwhich consists of the way of fluidity clause, the way of applying for fulfillment of real rights forsecurity and the way of lawsuit, and it advises to build a unified judicial sale platform to ensurethe fair and convenient fulfillment of hypotheca.