Dilemmas And Outlets Of Applying For Security Property Rights Procedure Judgement

As the process of non-litigation proceeding in depth,the complexity of non-litigation procedures is becoming more and more obvious.The principle of non-litigation procedures alone cannot guide the judicial decision of specific non-litigation procedures.Typical paradigm.The procedures for applying for the realization of security rights are not as clear as the non-litigation procedures such as declaring disappearance and death,and the structure of the lawsuit is simple.There are many parties such as creditors,debtors,guarantors,and even third parties.The structure has led to problems such as inconsistent refereeing models,fuzzy refereeing results,and difficulty in applying for execution in China's specific practice.In the case of competing property rights,the judgment applying for the realization of the security property has the dilemma that it is difficult for the court to ascertain the entire situation of the establishment of the security property and to protect the legitimate rights and interests of the security owner in accordance with the arrangements of the existing legal system.Specifically,the procedure for applying for the realization of a security right must focus on ascertaining the priority order of payment of the security right established on the collateral in the case.The court cannot make a permit auction based on the documents submitted by the applicant and the respondent.Decision to sell off.If the applicant is the subsequent collateral security owner,the court's ruling permitting auction or liquidation will damage the priority of other collateral security holders.Relief is an important means to protect the rights of the parties.At present,in China's application for the realization of the judicial process of collateral rights,the court insists on the monist view of the subject of litigation and non-litigation,making it difficult for the holder of the security to initiate a new lawsuit to relieve his rights.Only by amending the theory of the procedure for applying for the realization of the security right and perfecting the internal procedure of the application for the realization of the security right can the shortcomings of the current Civil Procedure Law and the Judicial Interpretation of the Civil Procedure Law be compensated.The application of the realization of the security right procedure shall adhere to the duality of the subject matter of the litigation procedure and the objection of the non-litigation procedure,that is,the application for the realization of the security property right procedure does not assume the function of confirming the civil rights and obligations of the applicant,the respondent and the security owner.The court only conducts formal examination of the evidence and materials submitted by the applicant and the respondent,and makes the legal basis for the applicant's application for court enforcement.Even if there is an error in the judgment due to the wrong factual determination,it will not affect the applicant,the respondent or the guaranty owner to remedy their legal rights through other procedures.The design of the system for applying for the realization of the security right procedure should be based on the principle of the first instance and final review of the special procedure.It should establish a public notification system and improve the objection system.The public notification system allows the court to find out as much as possible the specific circumstances of the establishment of the collateral right in the case,clarifies the priority compensation order of the collateral right in the case,and avoids the wrong judicial decision in the state of collateral property.A sound objection system can give the applicant,respondent,and mortgagor an equal legal status in the process of applying for the realization of the security right,and enable the applicant,respondent,and guarantor to obtain the maximum opportunity for relief To reduce the chance of wrongdoing.