A Study Of The Procedure To Realize The Real Right Of Pledge

In the Law of Civil Procedure modified in 2012, the procedure to realize the real right of pledge is provided in the special procedures. In Article 196 and Article 197, there are simple provisions of the subject to apply for the realization of the real right of pledge, the review, and the court that has jurisdiction as well. The procedure to realize the real right of pledge is completely new contents in the modified Law of Civil Procedure. In addition, the relevant provisions are not specific, which makes the procedure lack of unified standards in practice. Owing to this, more detailed provisions of the procedure to realize the real right of pledge have been made in the Supreme People’s Court’s Interpretation of Applying the Law of Civil Procedure of the People’s Republic of China which came into force on February 4,2015. In this interpretation, the scope of subjects to apply has been broadened. A series of issues, such as the means of review and the procedures of trial have been clarified, too. Although the feasibility of the procedure to realize the real right of pledge has been strengthened, some complementation and improvement are expected to undertaken. The provisions of the terms for application, the scope of the person who is applied, and the ways to deal with the attached collateral found in trial are not explicit enough, which would inevitably hinders the specific implementation of the system. Therefore, the thesis starts from the connotation of the procedure to realize the real right of pledge, makes a comparative study of the relatively improved systems of the foreign countries and territories, deeply analyzes the existing provisions of the system in our country, objectively evaluates the deficiencies in the current legislation, and puts forward suggestions for improving the system further. The author expects the thesis to be helpful to the smooth and effective implementation of the procedure to realize the real right of pledge in China.