| According to the patterns of being mortgaged or non-mortgaged,the credit business of commercial banks can be divided into two forms: the guaranteed loan and unsecured loan.In practice,based on the practical considerations of risk guarantee ability on credit business,in addition to the standardized unsecured loan business,the proportion of the unsecured loan is very low to the total amount of the loan issued b y the commercial banks;However,on the guaranteed loan business,the mortgaged loan can increase the default expense of failing to perform according to the protocol due to its relatively stable and feasible guarantee effect,at the same time,it protects the secondary source of repayment to the credit loan effectively.Therefore,the mortgaged guarantee has been playing a significant protection role for credit business to commercial banks.More than the half proportion is belong to the mortgaged guarantee loan of total amount of the commercial banks.In practice,such a huge proportion and scale on mortgage credit loan business puts forward high-scale requirements to the realization of hypothec,the risk stability status will influence the stability of the commercial banks on stable operation,which also affects the regional or national rang stability of commercial and social development.The great work of improvement of hypothec system and the corresponding legal risk management and prevention of the operat ion management is significant and far-reaching.Based on the study of the status quo of the research of hypothec realization at domestic and overseas,according to the comparative analysis ? practicing demonstration and comprehensive generalization research methods on law and practice,the paper starts from the function and setting of the hypothec in the credit loans of commercial banks in the first chapter,meanwhile,elaborates the ways of hypothec realization;And then respectively analyzes the obstacles e xist in the legislative level on commercial bank in China of credit loan business hypothec realization in practice in the second chapter by four quarters,including the realistic influence and obstacles of hypothec realization on loan business of commerci al banks on the legal priority(mainly discussing separated on the priority for construction project cost payment?the taxation?the charge for the right of land use ?the settlement allowance on bankruptcy worker,the lien ?ships and aircraft)?the forbid on fluidity clause?distinguish on guarantee period and guarantee duration period ?mortgaged property forbid on legal and lease special protection.Moreover,in the third chapter,it discusses about the influence of hypothec realization in the law enforcement lev el obstacles to the mortgage credit loan of commercial bank in China,according the judicial referee?administrative supervision and commercial bank management levels respectively.Finally,in the fourth chapter,based on the front discussing real influence and obstacles in the practice,bring forward the corresponding of elimination of obstacles of hypothec realization to the mortgage loan of commercial banks in China.and aimed at providing a series of relative compete and comprehensive suggestions on obsta cles elimination of hypothec realization by law,including of including legislative and judicial referee,administrative supervision level ? the level of management of commercial bank itself and the mortgagor level.In summary,this paper is divided into fou r parts: the first part is for the function and setting of the credit loan in commercial bank;analyzes the obstacles exist in the legislative level on commercial bank in China of credit business hypothec realization in practice in the second chapter;in t he third chapter,it discusses about the influence of hypothec realization in the law enforcement level obstacles to the mortgage credit business of commercial bank in China,and finally,bring forward the corresponding of elimination of obstacles of hypo thec realization to the mortgage loan of commercial banks in China. |
PDF Full Text Request