Research On Implementation And Its Mortgage System Construction

Hypothec is one of the important contents of real rights for security, enjoy the guarantee of the \ "king\" reputation. Hypothec realization is an important part of the mortgage system, also is the mortgagee’s main rights. It to meet the mortgagee, maintain the basic rights of the mortgagee has an irreplaceable role. Hypothec realization of legislation in our country is too simple, there is mortgage amount of high cost, low efficiency of the implementation problems, although our country promulgated in 2012 of the civil procedure law and the interpretation of the supreme people’s court to mortgage the implementation of the program to make some regulations, however there are still many problems in the judicial affairs need to standardize and perfect. Mortgage implementation effect how, can both mortgage function into full play the premise and key, and the mortgagee rights can be fully guaranteed.This article first from the general theory of hypothec, the analysis of the meaning and characteristics of the mortgage right, on the basis of deeply in this paper, the realization of the basic theory of mortgage and important value. Through study abroad after different mortgage implementation pattern and its system specification, and then analysis procedure and the way of mortgage right implementation in our country, on the basis of comparative analysis at home and abroad, put forward to perfect our mortgage implementation system of reference and enlightenment. Combining the reality of our mortgage implementation system, analysis of our country in the mortgage system in legislation and judicial practice problems, according to the reality of our country, puts forward some concrete measures of perfecting our country’s mortgage implementation system.This paper is divided into four sections of text in total details are:First introduce hypothec implementation outline, mainly from the concept of the meaning of mortgage, mortgage, mortgage the conditions of the implementation of three aspects to tell. Let the reader to have a general understanding of mortgage, and then draw out below, to facilitate readers to learn. Secondly introduced the mortgage implementation procedures and ways, because foreign law is mature, to mortgage the comparison of the specific implementation regulations and analyzes its research. And then introduced the mortgage on implementation of law in our country, the study comparing with foreign laws and regulations, more conducive to found the problem, find out the solution. Hypothec realization system in China, at last put forward the deficiencies and improve the advice and make better financing mortgage system in China and the guarantee function.