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Realization Of The Program Of Security Interest Cases

Posted on:2018-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:W L PengFull Text:PDF
GTID:2346330512460027Subject:Law
Abstract/Summary:PDF Full Text Request
Real rights for security comes into being with the development of capitalist market economy,in order to standardize the capitalist market environment the smooth realization of the real rights for security role, the real rights for security system arises at the historic moment, and thus become more perfect legal system of market economy is a very important symbol. After China's reform and opening up, gradually establish a socialist market economic system,including the real rights for security system,a series of related to the economic legal system has been set up a sound. From the security law of the People's Republic of China and its judicial interpretation to the contract law of the People's Republic of China,and then to the law of the People's Republic of China property law, until a new revision of the civil procedure law of the People's Republic of China and its judicial interpretation, the legal system of real rights for security in our country, has experienced from scratch, from generalization to concrete, from theory to practice such a system perfect,enrich the content of the process. How to perfect the legal system of real rights for security in the judicial practice has become a difficulty and a focus of theory and judicial practice problems, the discussion about the problems in the civil procedure law "realize the real rights for security case" is a new climax of ideas emerge in endlessly, until in 2015 the supreme people's court promulgated the people v. method made uniform judicial explanation to many problems, but there are still some problems not clear. Such as the scope of the real rights for security program is controversial, the realization of the real rights for security of program design is not reasonable, lack of necessary remedy mechanism, perfect relevant laws and regulations are still not enough, and so on.This paper realize the real rights for security case all of these problems, to explore how to better realize the real rights for security. During the study, first of all, the real rights for security and its implementation program to analyze the status quo, combed the relevant theoretical knowledge and law, and on the basis of detailed analyzes the realization of real rights for security case at the trial of all sorts of problems. Urgently needed to solve these problems, finally combining with practice from the implementation into accusing the procedure before and after each stage of the real rights for security case, put forward the related countermeasure and the suggestion, in order to apply for implementation in our country of real rights for security case acceptance, trial and execution to provide a little help, promote the function of the real rights for security system play its biggest.
Keywords/Search Tags:Security interest, special procedure, relief mechanism
PDF Full Text Request
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