The Research On The Realization Of The Security Interest In Special Procedure

Real right for security legal effect is mainly reflected in priority, so the security holder to achieve through what way (to) the real right for security, of great significance. The new civil procedure law went into effect in January1,2013, in a special chapter program added directly to achieve security case as in section seventh, and the Civil Procedure Law of196,197regulations. The provisions of article two, marks the real right of pledge non realization finally established in China, is to achieve a major breakthrough of the real right for security system. However, as a new system, the principle of existence, generality, fuzzy rules and other omissions can hardly be avoided. Also many new situations, new problems emerging in the process of law enforcement, therefore, many specific rules but also in the judicial practice, further summarized and refined. Based on the analysis of the historical development of real right for security implementation, comparative analysis of foreign guarantee implementation experience, and attempts to explore and fit the lawgiver original intention, to provide practical suggestions for the system specific. The thesis is divided into fourth parts, as follows:The first part:the new civil procedure law of real right of pledge realization into special procedure section, therefore, it is necessary to carry on the elaboration to the special procedures, this part is mainly an overview of the security interests of the non contentious proceedings, including the content, nature, characteristics etc.The second part:mainly from the angle of substantive law, the history of real right for security, including the specific provisions of the real right law, contract law, guarantee law etc..The third part:from the perspective of comparative law, analysis of foreign real right for security implementation status, which are divided into two kinds, one is the public relief mode represented by Germany and Japan, two private relief pattern is represented by the USA and the uk.The fourth part:detailed interpretation of the new civil procedure law on the application of special procedures to achieve security interests of the two law.