Perfection Of Non-contentious Procedure Of Realizing The Mortgage Right

Realization of the mortgage right is the crucial part of mortgage systemand the final embodiment of mortgage function. A clause of Real Rights forSecurity was added to the latest version of Civil Procedure Law·, Chapterfifteen, which was approved on August31st,2012. This clause achievescohesion between the procedural law and substantive law. However, suchsimple combination does not provide clear defining nature and operationalstipulations. In this paper, the basic theory of realizing procedure of securityinterest and judicial practice were analyzed and discussed. Suggestions weremade on the perfection of non-contentious procedure of realizing themortgage right to meet the diverse demands in lawsuits concerning civilprocedures, so that it might be a way to solve relevant problems in civil law.This paper is consisted of three chapters. In the first chapter, basictheories of the procedure of realizing security interest were reviewed andsummarized. Chapter2presents several case studies to look into the reviewstandards and judicial dilemma in realization of mortgage right. In Chapter3,some suggestions were put forward regarding the perfection ofnon-contentious procedure of realization of the mortgage rights. Finally, in the conclusion, the chapters were summarized and aimed to improve the rulesof Real Rights for Security through the perfection of the realizing ofmortgage right.