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On The Realization Procedure Of Security Right In China

Posted on:2019-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:C DingFull Text:PDF
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What is a security right? This is a product of market economy development.The significance of the security right system lies in the smooth realization of the credit guarantee function of security property rights.Its implementation procedure plays an important role in realizing the security interest of the creditor and safeguarding the legal rights of the parties.The meaning of the procedures for realizing the security real right can be divided into two kinds: the broad sense and the narrow sense.The implementation of generalized security real rights includes self-help and public relief.What is the procedure for realizing narrowly-defined security real rights? Refers to the pattern of public relief.This article studies the procedure of realization of the remedy model of narrow security interests.The legal system of security interest has experienced a process from scratch,from generalization to concreteness,from theory to practice.Before the revision of the "Civil Procedure Law",the realization of the security interest usually applies to ordinary procedures in judicial practice.After the "Civil Procedure Law" was revised,the "implementation of security rights case" was added,and the security interest in China was clarified.Implementation will be subject to special procedures,but there are still some issues that have not yet been clarified.The implementation of the judicial interpretation of the "Civil Procedure Law" has,to a certain extent,clarified the provisions on the procedure for the realization of security interest.However,because the provisions of the "Civil Procedure Law" are too simple and not specific,the judicial interpretation of the "Civil Procedure Law." The practice is not long.Although the operability of special procedures has been strengthened,it still needs to continue to be refined and standardized.The first part of this article is the outline part of the process of realizing security property rights,and explains its meaning,nature and value.The second part analyzes the remedy model of extra-territorial security interest,and compares the implementation of other countries and regions,and draws a result that is more applicable to China's national remedies.The third part is the analysis of the status quo of legislation,analyzing the realization of security real rights in the substantive laws such as the "Law of Security" and "Law of Real Right" and the procedural law of the judicial interpretation of the "Civil Procedure Law" and "Civil Procedure Law." Implement the relevant rules of the program.The fourth part analyzes some of the controversies that existed when the law was not clear about the scope of application of the respondent,for example.This is followed by the existence of controversy when the applicant's application condition is not clear.And there are issues such as disputed review principles.The fifth part is to conduct further research on these issues existing in the procedures for the realization of security real rights in our country.Combining these issues that are urgently needed to be solved in practice,we propose proposals for clarifying the scope of the respondent,clarifying the conditions of the object,and establishing a relief mechanism for the implementation phase.It is hoped that through the theoretical study of this article,it will be possible to achieve special security rights for China.The theoretical research of the program and its application in judicial practice can increase the role of the brick and tile,and to a certain extent,it can promote the development of the security real right realization procedure.
Keywords/Search Tags:Security interests, special procedures, relief mechanism
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