The Research For Scrutiny Standard Of Achieving The Security Right Cases

The Civil Procedural Law make provision to realize the real rights for security,such as the applicant,the forum competent,and the adjudication in 2012.Besides,the mechanism was set in the special procedures.Because f its novelty,the stipulation seem coarse,a number of issue will follow inevitably.In 2015 the Supreme People's Court published the judicial interpretation to guide the application of The Civil Procedure Law,which provide the detailed supplement.such as the scope of the applicant,the form of the examination organization.But there is an issue though by the interpretation of the judicial interpretation,especially the examination standard.On one hand,it is the core problem in real rights for security case;on the other hand,it concern the justice practice,because it relates to the various interest sin the judicial practice.A set of integrated examination standard mechanism have epoch-making significance to the convergence of the Substantive Law and the Procedural law in our country,which can guarantee the perfect combination of the substantive rule and the program.Besides,it can also complete our civil litigation system.At present,the content about the standard of review concentrate mainly on the judicial interpretation that The Supreme Peoples Court apply The Civil Procedure Law Of The People's Republic Of China,especially the article 371.The academia and the Judicature Circles also deepen cognitive the content.In the writing process about this text,by analyzing the relevant theoretical perspectives,the author thought that there were a number of deficiency about the content about the standard of review in the process that implement the guarantee property procedure.As listed below: There is not uniform standard of review;The law has no specific regulation;The content about the standard of review can not fit the investigating content;The difference between the content about the standard of review and the standard of proof is vagueness.In accordance with the above problems,the author tend to give first place to the formal examination,with the complementary of the examine the matter after analyze the theoretical perspectives.The author thought that the set of the standard of review should based on the real-environment about the judiciary.Then definitude and effective concept also should be set.Perfecting the legislation;Clearing up the linkage between the content about the standard of review and the standard of proof is vagueness;Protecting the right of the defense of the debtor;Expanding the scope of judicial review.The procedural of the real rights granted by way of security can also give play to its function.