The Realization Of The Real Rights For Security Of Some Independence And Problem Analysis

Real rights for security is an ancient civil system, in ancient China is qualitative, detain, western in Roman law has a relatively complete set of rules. Real rights for security belongs to the category of real right, including two power, namely intending to right and the priority of compensation. Intending to direct dominant rights reflects the real right, and the priority of compensation with respect to reflect is the exclusive property rights. The realization of the real rights for security including delay power and the priority of compensation with respect to two aspects, investigate its connotation, guarantee the realization of the real right is refers to the real rights for security in creditor’s rights has failed to repay the liquidation period, disciplinary action for the realization of the priority of the behavior of the collateral. The realization of the real rights for security, for the majority of the real rights for security, as well as guarantee the rights of the real right person the main essence of real rights for security intending to right and the priority of compensation with respect to the implementation of the program. Realization ways of real rights for security in our country can be divided into two categories:one is the protocol implementation, allowing the parties by agreement shall be in the form of discount, to auction or sell off; Second, legal implementation, using the procedures prescribed by law. Legal implementation ways, adopt different patterns depending on the type of real rights for security, mortgage right in principle, adopt public aid force through the non-lawsuit procedure have to be addressed, pledge, lien, self-help, allowing the pledgee, lien holder to auction, buying and selling. In addition, China’s property law prohibited by flow and liquid the way of real rights for security. From the perspective of comparative law analysis, the realization of the real rights for security in our country approach is similar to the Taiwan area, namely according to the real rights for security of different types in different patterns. However, due to China’s \"property law\" the regulation is too principle, the content of the \"civil procedure law\" and \"civilian explain\" in the implementation of real rights for security content is less, lead to the lack of specific operation on the basis of in practice.