To Realize The Special Procedure Of Guarantee Property Rights

Compared with ordinary creditor's rights,the right to guarantee property has more advantages in realization,which also determines the important status of the guarantee property system in civil law.Whether the guarantee property right realizes the program is quick and low cost,decides the utility of guarantee property right system.From the perspective of comparative law,there are two modes of guarantee property right implementation,namely,the public relief mode and the private relief mode.2012 "civil procedure law" in a special program to establish the real rights for security implementation program,realized the linkage between the substantive law and procedural law,but it took just two provisions of real rights for security provisions on the procedures of implementation,lead to the lack of maneuverability in practice.The new"civil procedure law" adopts the provisions of the old "civil procedure law".The scope of application is unclear,the specific procedure design is unclear,and the lack of relief mechanism is still unresolved.Based on the 2017 "civil procedure law and the provisions of the relevant judicial interpretations,carding theory of controversy,induction and analysis on the basis of the real rights for security problems existing in the implementation process perfect advice is given.This paper is divided into four parts,the first part analyzes the theoretical knowledge of the realization of the real right of guarantee,and analyzes the connotation and conditions of the realization of guarantee property rights and guarantee property right.In the second part,the implementation procedure of the guarantee property rights is conducted outside the region,and through the analysis of the two relief modes,it seeks to find a feasible path for the implementation of the guarantee property rights in China.In the third part,the paper analyzes the reality of the implementation procedure of the guarantee real right implementation procedure and the status quo of procedural legislation,and summarizes the problems existing in the realization of the guarantee property right.The fourth part aims at the problems existing in the realization of the guarantee property right,and gives some Suggestions.