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Application Of Special Procedure To Realize The Practice And Thinking Of Security Property Rights

Posted on:2019-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhangFull Text:PDF
GTID:2416330551458530Subject:legal
Abstract/Summary:PDF Full Text Request
The “Real Right Law” stipulates the realization of security property rights.It is an innovation on the legislative level for the issue of realizing security property rights in China,and then revise the “Realization of Security Real Right Case” chapter into the “Civil Procedure Law”.The introduction of "special procedures" in this chapter is a legislative improvement of China's security real right realization process from the level of substantive law to the level of procedure-level content conversion.In the Judicial Interpretation of the Law,specific rules of procedure have been set in 2015 introduced a legal level system for this special procedure,there are still many places to perfect from theory to practice.Therefore,in combination with the case,this article attempts to explore the issues related to special procedures starting from the theory.The article mainly focuses on the application of special procedures to implement security rights issues.The first part: Through the introduction of the case,it is mainly to elaborate on the topic of the article,pointing out that the application of special procedures to realize security property rights in real life is of interest to all parties,as well as possible problems in judicial practice.Prepare for the following arguments.The second part is the combing part of the basic theory.It mainly sorts out the theory of the security property procedure and its nature.At the same time,it also sorts out and explains the related theories of security property rights,and proposes questions,demonstrates problems,and solves problems for the articles.Carry out the theoretical foundation.The third part: The legislative status quo of the special procedures for security property rights and the problems in practice.Introduce the process of analyzing the realization of security interest,and through the interpretation of the legislative background and,and through the interpretation of the procedural and substantive law provisions on special procedures for the realization of security rights,to identify and analyze the Legislation and deficiencies in practice.Part four: Reference to the extraterritorial experience applicable to special procedures for realizing security rights.This section outlines relevant laws and regulations concerning the special procedures for realizing security property rights in other countries and regions,mainly through the brief description of the legislation in Germany,France,Japan,and Taiwan,to find applicable path choicesPart five: Further integration of the above-mentioned content,based on the issue of special procedures for realizing security real rights,combined with current judicial practice,exploring solutions to find specific problems to achieve the operability of special procedures for realizing security real rights.
Keywords/Search Tags:Special procedures, security interest, non-contentious procedures
PDF Full Text Request
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