Study On The Special Procedure Of Realizing The Security Interest In China

<Civil Procedure Law> in the establishment of the realization of real rights for security case chapter, is the procedural law legislation support of <Property Law>, is the realization of real rights for security operation refinement case from substantive law to procedural law, set up the concrete specification of the program. The program settings, is the concrete embodiment of real rights for security procedures set purpose, can play its efficient, convenient, fast program characteristics.Because of the program has just set up, many aspects still need to wait for the test of practice. Although the <Supreme People’s Court on the" Civil Procedure Law "judicial interpretation">(hereinafter referred to as the "civil procedure law judicial interpretation") on the procedure was added, to a certain extent,but there are many aspects needs from the theory to the concrete practice of perfection. As the trial practice unceasingly thorough, it will continue to have the occurrence of new problems.Therefore this article attempts from the theory, probes into the specific program refinement.This paper mainly focus on the improvement of implementation of special procedures guarantee right expansion.The first part:the basic theoretical part, mainly for the real right of pledge, the realization of real rights for security program and the nature of such theories, to solve the problem and make the theory foundation for the following questions.The second part:the implementation of the special procedures of real rights for security inspection abroad. Briefly introduces the relevant legislation of other countries and regions of the content, through the brief description of Germany, France, USA, and Taiwan District of our country legislation, compares their advantages and disadvantages, which seek to our country to guarantee the realization of the real right legislation of procedure design inspiration.The third part:introduction and analysis of real right for security implementation procedures, from the "guarantee law","contract law","property law" to "Civil Procedure Law" legislative changes, to guarantee the realization of the real right legislation perspective from the analysis of the development and trend of program. Analysis of the defects in the legislation of our country, find the cause, so as to seek the solution.The fourth part:analysis combined with the content above, from the application procedures, acceptance procedures, trial procedures, implementation procedures of implementation, explore solutions to specific problems of special procedures to guarantee real right legislation in china. In order to enhance the implementation of the special procedures of real rights for security operation in our country, achieve the aim of legislation.