Explore The Special Procedures For The Realization Of Security Interests

As an important system in the civil and commercial law,the security right system has the irreplaceable role in regulating the order of the market economy,ensuring the security of the market transaction and promoting the social and economic development.The relevant provisions of the realization of security interests in China are mainly embodied in the General Principles of Civil Law,the Guarantee Law,the Contract Law,the Property Law and the Civil Procedure Law.In the substantive law,Article 18 of the Property Law,Article 195,"Mortgage" Article 195,for the mortgagee to specify the right to achieve the two ways: one is the mortgagor agreement to mortgage property discount or auction,sell the mortgage The property is the price of the priority compensation;the other is not a mortgagee can request the people's court auction,sale of mortgage property.Although the "Property Law" provides a direct basis for the real right of the secured real right to achieve the security right through non-litigation,it is difficult to realize in the judicial practice because of the lack of supporting provisions in the procedural law.Therefore,before the entry into force of the new Civil Procedure Law,the creditor's right to realize the security right is usually to bring a lawsuit to the people's court,and then apply to the court for enforcement.Because of the complexity of this process and the long process,making the creditor's high cost of rights,not conducive to protecting the legitimate interests of creditors,but also cause a huge waste of social resources and judicial resources.In the "Special Procedure" of the Civil Procedure Law,which was amended in2012,a new case of "realization of security interests" was added.For the first time,a new way of realizing the security right in non-litigation was clarified in procedural law.People through the non-veto way to provide procedural support to protect the parties to low consumption,high efficiency to achieve security interests,which is the effectiveness of the security system to play a direct manifestation.The new CivilProcedure Law stipulates the procedural requirements of the realization of the security right,realizes the organic connection between the procedural law and the substantive law,and completes the significant change from the procedure to the non-litigation procedure,which is an important system innovation.As the new law to achieve the security rights of non-litigation procedures are too principle,the operability is not strong,combined with the practice of long-term form of litigation to achieve the real right way of thinking and operating methods,resulting in the understanding and application of the program There are many views,to a certain extent,caused the judicial application of the confusion.Because there are no precedent in judicial practice can learn from,to achieve the program there are still many problems and confusion,it should strengthen the legislative revision and continuous improvement.In this paper,combined with the revised "Civil Procedure Law" and its judicial interpretation of the relevant provisions,as well as the academic community in recent years to achieve the special procedures for the realization of security,the controversial issues are summarized and summarized,and China's security rights to achieve procedural practice The paper analyzes the legal properties of the special procedures of the security real right and analyzes the development of the security real right realization system.At the same time,combining with the practice and the relevant legislation of foreign countries,it points out the shortcomings of the realization of the guarantee property right procedure in our country,And on how to improve the security rights to achieve the relevant procedures to explore.