Research On Practical Issues Of Realizing Security Interest Case

In 2012 year, Civil Procedure Law of The People’s Republic of China was amended, in Special Procedure of the Law added new rules "Case realizing security interest"; in 2015 the Supreme Court issued "Civil Law Judicial Interpretation" to further clarify the operating procedures, but it can not meet the needs of the judicial practice.Defects of legislation caused judicial confusion and affected the achievement of the legislative purpose seriously.To solve the problems encountered in judicial practice and enable the procedure play its due value, drawing on the law of other countries and regions and combined with the judicial practice based in Chongqing, Zhejiang, Jiangsu, Inner Mongolia Autonomous Region and other district courts, the author proposed more persuasive legislative initiativesText of this paper has four parts. The first part summarizes the system of realizing security interest.This section traces the the legislative development of the procedure, and then identifies its nature as a Non-litigious procedure in "Civil Procedure Law", finally states the value of the procedure. The second part introduces the legislationon about the procedure of the realizing security interest in United States, Germany, Japan and Taiwan of China,draws lessons from these countries（（regions）） on private relief legislation mode of chattel security interest. The third part summarizes the controversial issues encountered by the court in dealing with realizing security interest case. The fourth part is to analyze and solve problems in judicial practice, establish more perfect system of realizing security interest.