Study On The Legal Problems Of Realizing Special Procedure Of Real Right For Security

With the continuous development of social and economic level,the measures and systems of security real right are frequently applied because of the extensive existence of creditor's rights.The good operation of security real right system is helpful to promote capital financing and create an active and stable investment environment.The realization of real right for security can finally guarantee the realization of creditor's right and the legal value of real right for security.It is one of the important standards to judge whether the system development of real right for security is perfect or not.Compared with the past,China has made great progress in the system of real right for security since the implementation of the Property Law in 2007.But there are also some problems,in the way of public relief of real right of security is a little prescribed but not clear,private relief is not prescribed.There are few provisions on the realization of real right of security in the substantive law,and no corresponding system to match it in the procedural law,the judicial practice is difficult to implement.Until 2012,when China's civil procedure law was revised,the special procedure for realizing real right for security was added in the chapter of special procedure,which opened the way for the realization of real right for security.In 2015,the judicial interpretation of the civil procedure law has updated the application details of special procedures,which is helpful to promote the application of the realization procedure of security right.However,due to the lack of legal provisions,this procedure system has not been widely applied in judicial practice,and many problems remain to be solved.Based on the work of the court,the author thinks about the application of the procedure system of real right for security.This paper summarizes the legislative status of the realization of real right for security and the remedy approach in China,pays special attention to the current judicial practice of the realization of real right for security,sorts out the contents of the relevant practice rules made by the regional courts,summarizes the advantages and disadvantages of the rules applicable to the procedure and puts forward the suggestions.Based on the cases summarized in judicial practice,this paper discusses the judicial application of the main problems involved in the realization of real rights for security special procedure,and explore the characteristic and difficult point problem of applicable process.In order to make the system of security right more efficient and perfect,the author puts forward some suggestions on its own regulations and the matching and connection with other procedures.