Font Size: a A A

The Procedural Of Realizing Real Right For Security

Posted on:2015-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
GTID:2296330467956065Subject:Law
Abstract/Summary:PDF Full Text Request
For creditors, the procedural of realizing real right for security is very important, directly affect the debt will be all possibility of realization, cost and cycle etc. With the2012China’s Civil Procedure Law amendment introduced, the procedural of realizing real right for security has amended from the level of legislation.The social background of the existing procedural of realizing real right for security requirements our country must establish a simple, efficient and fair procedural of realizing real right for security. Throughout the world, the procedural of realizing real right for security is nothing more than two kinds of legislative mode——public relief and private relief, two kinds of relief methods have their advantages and disadvantages, and the current legislation of our country is biased in favor of public relief mode, this is decided by our country of realizing real right for security construction. From legislative evolution of the procedural of realizing real right for security of our nation, the legal provisions of General Civil Law Rule, Guaranty Law, Contract Law, Judicial Interpretation of Guaranty Law, Property Law and Civil Procedure Law each are not identical, although the legislation mode of public relief has not changed in essence, but the relief way is more and more toward the diversification trend of development. Through compare with the different legislative evolution of the procedural of realizing real right for security between China, Germany, Japan, America and Taiwan, We can see, China’s Civil Procedure Law about legal provisions of the procedural of realizing real right for security are still the general provisions on the whole category, it needs further research about how to understand the application and the specific operation rules of legal provisions in judicial practice. Therefore, how to refine the procedural of realizing real right for security, make it more adapted to specific national conditions of our country, and more maneuverability in judicial practice, the emphasis of this paper is to explore and study the issue.This paper uses historical research and comparative analysis method to interpretation from legislation about the procedural of realizing real right for security, puts forward the problems in the judicial practice still need further refinement and clear. The jurisdictional court shall be based on the grassroots court, grave and complicated case can be transfer jurisdiction through higher court, identify case extent about the other people that have the right to request the procedural of realizing real right for security, refine the case application conditions about the procedural of realizing real right for security, only formal review only formal review the procedural of realizing real right for security, refer to the summary procedure for trial in review procedure, and establish duration of public summons to protect the other rights of the people there may be legitimated rights, make it diversified to private relief of chattel of realizing real right for security and the people of related rights.
Keywords/Search Tags:Security Interest, Procedure of Realization, Non-litigationProcedure, Perfect
PDF Full Text Request
Related items