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The Research Of Security Interest Study On The Non-litigious Procedure

Posted on:2016-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:S YouFull Text:PDF
GTID:2296330461959019Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
In the modern economic intercourse, debit and credit activities between market subjects are essential. Compared with ordinary creditor’s rights, there is much superiority for creditor’s rights with real rights granted by way of security which also indicates its significance position as the system of real rights for security in the civil law. In our country, the method to try cases with real rights granted by way of security is litigation at the first beginning. With more and more the unsatisfied feedback received from markets subjects for time consuming and small gains, the lawmakers decide to try cases by both litigation and non-lawsuit ways. The cases with real rights with security which the debtor-creditor relationship is clear and the amortization period is already passed will be tried by non-lawsuit way to seek the maximum efficiency under the framework of law. And in this article, the non-lawsuit procedure for cases with real rights granted by way of security will be mainly studied.In this article, the non-lawsuit procedure for cases with real rights granted by way of security will be augmented by the following three parts. For part one, to clarify the differences between provisions related to real rights for security implementation based on the research of existed provisions and analyze the development of the way to try cases with real rights for security. For part two, theoretical analysis on non-lawsuit applied for cases with real rights for security. Based on the clarification for the definition and characteristics of non-lawsuit, the internal relations between real rights for security implementation with non-lawsuit are augmented. Meanwhile, the rationality and superiority of non-lawsuit applied for cases with real rights for security are also analyzed in both practical and theoretical point of view. For part three, specific applications for cases with real rights for security in the judicial practice: the confirmation of competent court, inspection standard and content by court, effectiveness of the ruling, how to conduct relief for party and other interested party and other aspects.Certainly, the study of the non-lawsuit way applied for cases with real rights for security is still not quite mature. Therefore, based on the research of the experience of foreign countries’ implementation of real rights for security, the author also proposes some new points in section three which express how to execute the non-lawsuit way to deal with real rights with security properly in practice. Also, when confirming the competent court, detailed classification ways for cases with real rights with security are analyzed by different characteristics of the cases. Furthermore, different remedy approaches are distinguished and provided in detail per the two different judges types: permission judge and reject judge in point of the parties and other interested.
Keywords/Search Tags:Real rights with security, Non-lawsuit procedure, Review standard, Competent court, Remedy approach
PDF Full Text Request
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