The Study Of The None-judicial Procedure On The Realization Of The Real Rights For Security

The main function of the real rights for security is to protect the creditor’s rights, and a convenient and efficient way on realization of the real rights for security is the core of this system, which directly affects the transaction costs of the real rights for security. In view of the relevant systems and regulations in China recently, there are many defects in the realization processes and costs. By analyzing the process of formation, development and improvement of the none-judicial procedure on realization of the real rights for security logically, this paper aims to discuss the advantages and disadvantages, as well as the development direction in the implementation process of the none-judicial procedure. Moreover, this paper reviews the comparison and reference of extraterritorial legislation of the none-judicial procedure on realization of the real rights for security from foreign studies. Besides, this paper will present the development and deficiencies of implementation of the real rights for security in China.On the basis of considering the special and important role of the real rights for security in the Civil Procedure Law of the People’s Republic of China and the modern economy, this paper will especially show a series of theoretical analyses and discussions on none-judicial procedure on realization of the real rights for security. Also, further suggestions will provided in this paper in order to improve the none-judicial procedure in the system in terms of making claims and protecting the rights of persons subject to threats of the claims.Based on the above analysis, in order to enhance the operability of the realization of the real rights for security in judicial practice, and to promote long-term development of the none-judicial procedure on realization of the real rights for security in China, this paper suggests following legislative proposals in the aspects of the review of the standards, the determination of the objection, the implementation of the case and so on.By analyzing the problems and difficulties that may occurs on the realization of the real rights for security, in the program of legislation and judicial practice, the writer hoping that the domestic judiciary and academia will concern the realization of the real rights for security through none-judicial procedure more frequently. And ultimately to further optimize and improve the system design and enhance practicality and operability of this system, making it’s efficient legislative concept throughout the judicial practice in legislative and judicial level for China, it could contribute to the development of the cause of civil law.