The Research On The Non-litigation Procedures For The Realization Of Ship Mortgage

The Civil Procedure Law produced a new section "the Cases of Implementation of Real Right for Security" which made it clear that the non-litigation procedure can be applied to the realization of the real rights for security.It realizes the harmony of substantive law and procedure law cohesion,promotes the secured transactions,reduces implementation costs and improve judicial efficiency.And it is also be useful for the scientific allocation of judicial resources.The procedure of real right for security was described in three years.The subject of an application is not clear;the eligibility criteria is uncertain;the standard of review is vague and the respondent's right to relief is inadequate.In addition,the realization of ship mortgage is largely different from the common real right for security.So,the purpose of this paper is to combine the characteristics of the realization of the real rights for security and the nature of the ship mortgage,existing in our country legal framework for the implementation of the ship mortgage case for more detailed rules shall apply.In addition to the introduction and conclusion,this paper is divided into three parts.In the first part,the author has made a definition of the realization procedures of ship mortgage,and pointed out that the nature of the realization procedures of ship mortgage is non-litigation procedure.The realization procedure of real right for security is an independent non-litigation procedure.It is different from the procedural preservation under Maritime Procedure Law.There is no conflict,and they can be parallel suited The second part,the realization procedures of ship mortgage starts.First of all,the applicants should include the ship mortgagee,ship mortgage and ceiling mortgagee.Secondly,application of realization of ship mortgage shall be governed by the ship's location or homeport location of the maritime court.Third,illuminates conditions of the realization procedures of ship mortgage,ship mortgage effective presence,debtor defaults to the expiration of the time,the agreed situation to achieve ship mortgage-occured.Finally,the author has mainly analyzed the proof materials to be supplied.The third part,reviews the form on the principle of the review stage.According to the analysis of the characteristics of non-litigation of real rights for security case of ship mortgage case review should apply to review form.Respondent should be given right to dissent.