Study On The Special Procedure Of The Realization Of The Security Interest

As a product of market economy development,security interest plays a positive role in safeguarding market transaction security,and the realization of security interest is the most important effect and last link in the security right system.The legal realization of the security interest in China has experienced the development from the litigation to the non-litigation procedure.The relevant provisions of the security interest can also be seen in the relevant judicial interpretation,and run through the substantive law and procedural law of the Civil Procedure Law and the Property Law.In the whole,the overall system design tends to be perfect,but it still needs to be further refined and standardized to enhance the operability in practice.On the basis of summarizing and comparing the experiences of the countries and regions outside the region on the realization of the security interest,this paper sorts and summarizes the substantive law and procedural law in China according to the legislative provisions of China and the changes of related systems,and correspondingly in this paper,this paper attempts to systematically study the security interest of China in the legislative level and the realization system,and discovers and summarizes its existing problems.This paper also attempts to propose suggestions for improving legislation and judicial application in many aspects,so that we can fully understand the issue of collateral power,and at the same time enrich the relevant legal theory and provide theoretical help for judicial practice,from fast and convenient.Low-cost and other aspects to protect the legitimate rights and interests of the parties' security interests can also promote the court's review of such cases to be more standardized,fair and efficient.The text consists of : introduction,body consists of five parts,and conclusion.The introduction briefly describes the research object and significance of this text.The first part of the text is the proposition of the problem from the two cases.The second part of the text is to summarize the theory of non-litigation procedures of security interest.First of all,the connotation,nature and value of the security interest and its realization procedures are described.The relevant realization of the guaranty property rights case is basically in line with the general legal basis of the non-litigation procedure,and it also conforms to and embodies the principle of publicity of public interest.The third part of the text is the legislative model and the reference for the realization of the security interest in the perspective of comparative law.It learns and summarizes the experience of the type processing of different types of security interest in the civil law system and the common law system in the country,which is the legislative model of China.And the choice provides a positive reference.The fourth part of the text is the key discussion content of the thesis.It mainly examines the problems,status quo and legislation of China in the implementation of the special procedures of security interest.The second part of this part is also the highlight of innovation,that is,the realization of the security interest in China.The empirical analysis of judicial operation,the author uses the Internet + resources,combined with the research methods of big data statistics and empirical analysis,analyzes and explores the current status of the real case documents of the massive realization of the security interest in the people's courts published on the Chinese referee documents.To extract the predicament and problems in the judicial practice in light of the current legislative provisions.The fifth part of the text is to improve the realization of China's special procedures for the realization of collateral rights.It is also one of the key points of the article.It is oriented to respond to some problems that need to be solved in judicial practice,and to improve the scope of application and the principle of review principles.The remedies,the procedural convergence,the specific system design,etc.,propose corresponding suggestions for improving the procedure.The conclusion section reiterates the purpose of the study.