Amendment Of Realization Procedure Of The Security Interest In China

The realization of security interest is that when the debtor fails to pay off debts or the situations of fulfilling to realize security interest have taken place,the right holders have the right of deposing the collateral and compensation priority.The realization procedure of security interest in our country has experienced the change from the substantive law to procedural law.The 2012 Civil Procedure Law has made a break through from law to procedural law.It adds the realization procedure of security interest in the special procedure.However,just relying on two articles of law to regulate the procedure to realize security interest is not practical.There are some problems such as connection of procedural matters, unclear subjects of applications,confusing stipulations of jurisdiction and insufficient of respondents.This paper aims to study the statue of realization procedure of security interest in China.It includes four parts.The first section in this paper is to summarize the theory and knowledge of the realization of security interest,and define the implication and conditions of the realization of security interest.The second section studies the legislative evolution of security interest and analyzes its improvement and breakthrough from The Guaranty Law,The Contract Law,The Property Law to Civil Procedure Law.The third part mainly focus on the ways to realize extraterritorial security interest.Through comparison,the paper concludes the disadvantage of the realization procedure of security interest in our country.The fourth part mainly aims to improve the realization of security interest in China.There are four suggestions such as appliance of non-litigation procedure and litigation procedure,clearing jurisdiction of security interest. The other two suggestions accords with the stipulations and the relief of respondents.