Research On The Realization System Of Mortgage Rights

Due to the current financial environment sluggish,many enterprises,private investors have appeared in the phenomenon of financial tensions,the use of it does not transfer possession of the mortgage,the risk of small features,are increasingly applied to the financing field.Scientific and reasonable mortgage realization system is the guarantee to solve the mortgage dispute.The realization system of mortgage right is an important factor that affects the realization of the main creditor's right in time.When the debt maturity period expires and the debtor can not repay the debt,or the two sides agreed to achieve the conditions for the realization of mortgage conditions,the simple and efficient implementation of the system can effectively protect the mortgagee and other rights holders to protect their own interests,An Important Means to Realize the Security Interest.However,there are still some problems in the system of realization of mortgage right under the current law,which leads to some mortgages can not be realized.However,there are some problems in the realization of the system of mortgage,which can not be fulfilled by the law of mortgage,real right and civil procedure.In addition to the parties to the security law to communicate,agreed manner to achieve the mortgage,only to the court proceedings,this model there are high costs,long time and other shortcomings."Property Law" in the "Guarantee Law" based on the non-litigation realization of the mortgage model,eliminating the need to confirm the mortgage the process,greatly saving the mortgagee and the rights of the cost of the rights,but it does not provide The specific operational procedures,the practical application of difficult,little practical significance.The newly revised Code of Civil Procedure added the contents of the procedures for the realization of security interests.These provisions enriched the content of the system of realization of mortgage,so that there are laws to operate,but there are still shortcomings.Combining the theory and practice of this paper,it is of great practical significance to study the realization system of mortgage right.The full text is divided into four parts.The first part is about the realization of the basic concept of mortgage,first of all to introduce the academic understanding of the concept of mortgage to achieve a different understanding and present their understanding of the conditions for the realization of the mortgage,including the mortgage must be legal and effective,the implementation of the main debt The paper expatiates on how to realize the mortgage right of the major foreign countries and the present realization way of our country,and then sums up the realization of the mortgage right The basic way.The second part introduces the system of realization of mortgage,and the deficiency of the realization system of mortgage.Including the realization system of mortgage under the Law of Guarantee and the realization system of mortgage right under the Property Law.The paper introduces the non-litigation procedure,the new introduction of the Civil Procedure Law to the mortgage realization procedure,On the basis of empirical analysis,through the analysis of theory and practice,to find out the current mortgage system to achieve the shortcomings.The third part summarizes the legislative models of Germany,Japan and the United States,summarizes the regulations of foreign countries in this area,and then compares with the realization system of our country,And finally "take its essence to its dregs",in order to improve the realization of the system of mortgage rights to benefit.In the fourth part,the writer puts forward the concrete conception of perfecting the realization system of mortgage right in our country,and puts forward the countermeasures according to the shortcomings.