An Empirical Study On The Realization Of Security Interest Case Review

To realize the review of the case of security interest is the focal point of the case of realizing the real right of security.It is also the most critical link in the operation and application of the system by the substantive departments.In 2012,the Civil procedure Law incorporated the case of the realization of security interests into the special procedures.This provision not only realizes the effective connection between procedural law and substantive law of security real right,but also is an important step to realize the transition of security real right case from litigation procedure to non-litigation procedure,but it is too rough to realize the review of security real right case.Unable to provide clear guidance for the concrete operation in the judicial practice,the Judicial interpretation of the Civil Action Law in 2015 has further refined the examination of the case of realizing the security interest.However,with the rapid development of our country's economy,The number of security real right cases has risen sharply and new practical demands have been created constantly.Judicial interpretation of the Civil procedure Law is also difficult to fill the loopholes in practice.With the implementation of the Civil procedure Law and the Judicial interpretation of the Civil procedure Law,the research on the realization of security real right cases in academic and practical departments has been emerging.However,the perspective of these studies does not go deep into the realization of the personalized study of the security interest case review system,only to maintain the overall exploration of the system.Therefore,there is some confusion in judicial practice in the examination of security real right cases.On the basis of grasping the concept of realizing the review system of security real right,this paper introduces the constitution of the system of security real right case review.And from January 1,2013 to December 31,2017,all 401 cases concerning the realization of security interests were completed by the grass-roots people's courts in Henan Province.Using the empirical research method of SPSS data analysis,this paper makes a full sample inquiry into the system of security real right case review,and uses the real case to deeply explore and analyze the judicial effect of realizing the security property right case review in practice.According to the judicial demand in practice,this paper points out the defects in the current system of security real right case review in our country,and puts forward that we should establish the basis of the subject composition with the amount as the main body to promote the unityof the form of the case review organization.To construct the examination mechanism of the party's initiative to inquire,to prevent the people's court from leaning in neutral position,to make clear the examination content that conforms to the characteristics of the case,to accord with the pursuit of the legislative value of the non-litigation procedure,to unify the standard of the people's court to make the ruling,The suggestion of perfecting the review system of security real right case,such as avoiding the different judgment situation of the same case in various places,is expected to realize the strict and standardized operation of the security property right case review system in the judicial application,thus obtaining better judicial effect.