The Research On The Realization Of The Security Interest In Non-litigation Procedure

The realization of the real right guarantee of non-contentious procedure was added in the Civil Procedure Law that was passed on 31 th, Aug, 2012.It fusion links of its substantive law and procedural law and it further promotes the role to play a real security right's functions. However, the revised "Civil Procedure Law" provisions of article 196 and 197 about the special procedure clauses for realizing security interest are too principle to use. Real right for security of non-contentious procedure still has many problems need to be studied. For example, the problems of the applicant or range of the applicants, the jurisdiction to determine, the method of review and so on.Its interpretation was passed on 4th, February, 2015.It does a more specific provisions for the realization of the real right guarantee of the procedure. But for the judicial practice operation, we still face a lot of problems to be solveThe author tries to reference the regulations of the real right guarantee of non-contentious procedure in other countries and then combines with the guarantee property of non-contentious properties and characteristics to apply more detailed rules in the legal norms of our existing framework for the realization of real rights for security of non-contentious cases.This paper is divided into three parts. The first part mainly expounds the legislative background and the present situation of realization of security interest in our non-contentious procedure. The second part mainly elaborates the realization mode of comparative law of real right of pledge. The last part puts forward the corresponding suggestions on how to improve the security of non-contentious procedure.