The Research Of Security Interest Study On The Non-litigious Procedure In China

Due to the realization of real rights for security system of special procedure in our country is almost a new system of civil litigation.It causes a series of problems in practice because of the generalization and brevity of the law.As part of the court's judicial practice recently,the court's special procedures to achieve real rights for security case still appeared to pose a lot of detail operational problems,so it needs further research and solution to solve.Therefore,there are several questions that arise as follows: why special procedure used to realize real rights for security? What's the problem will be encountered in the program implementation process? Around these questions,the first part of this paper will analyze the way of the realizing security interest and legislative evolution to probe the nature of reasons for lawgivers to change law.The second part of this paper will explain the characteristic of non-judicial procedure real rights and the difference from judicial proceedings,combined the specific provision of real rights for security special program to discuss the certain value and significance of the program itself.The third part of this paper will mainly discuss and analyze the shortcomings of court applied to non-judicial procedure in the real rights for security system when it related to review mechanism and the parties' rights.The last part will give suggestions and measures for improving non-litigation process in the realization of security interest.It is hoped that it will be beneficial for the theory of the realization of security interest and adjudication the court.