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Research On Procedure Standardization Of Realization Of Security Interest

Posted on:2016-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z G LiFull Text:PDF
GTID:2296330479987983Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plato’s "Laws" had a saying: "The basic intent of the law is to make the people as happy as possible. No procedural justice means no entity justice." The more clear a procedural law is, the easier its contents are effectively implemented; Functions of the program is fully exploited, and its pursuit of value can be fully reflected. If the program is efficient and convenient, the Security Interest will realize efficiently. Realization of Security Interest means that when the Security Interest is at maturity and the debtor fails to pay due debts or the circumstances agreed by the parties to achieve security interest occurs, the Security Interest owners has the Priority on the guarantee property.As is known to all, Property Lawfirst clarify the realization of provisions of the security interest can implementation by the non-litigation way. There has no related law to Realization of Security Interest, the situation caused a predicament in the process of the Realization of Security Interest precisely. Based on the reference of extraterritorial legislation and justice experiences,the Realization of Security Interest was classified as one section of the special procedures in the amendment of Civil Procedure Law 2012. This is our first clear definition, and an important institutional innovation. Modern civil procedure system should be a multivariate dispute settlement system with multivariate value and procedure,and should respect individual’s choices. However, there just have two regulations to Realization of Security Interest, high degree of generality and lack of legislation led the program runs inconvenience,even makes the program stagnate. With two years’ reasoning an drafting, a new amendment of Civil Procedure Law bored in 2015, it refined the Realization of Security Interest to some extent,and removed barriers and contradiction in order to operate the procedure.In this paper, the legislative intention is the starting point of Realization of Security Interest. Based on the judicial practice, the writer try to analysis the path of Realization of Security Interest. Combined with the existing regulations and judicial interpretation, the writer try to analysis the inadequate of Realization of Security Interest, and further improve the Realization of Security Interest. Meanwhile, fill gaps in existing legislation and ensure the certainty and stability of the running of Realization of Security Interest. At last, better realize the interest of Realization of Security Interest. the writer try to analysis the relationship between Realization of Security Interest and General procedure, resolute the conflict of Realization of Security Interest and General procedure, and perfect the remedies of Realization of Security Interest.
Keywords/Search Tags:Security interest, Non-litigation procedure, The right remedy, Improve program
PDF Full Text Request
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