The Research On The Realization Of The Security Interest In Non-litigation Procedure

The realization of the security interest is an important part of the system of security interest,and is also one of the important factors that affect the frequency of utilization of security interest in practice.Before the amendment of the Civil Procedure Law of the People’s Republic of China on August 31,2012,the way to the realization of the security interest in the substantive law is ambiguous which results in most people’s choosing of litigation ways to realize security interest.This not only results in a waste of resources of the judiciary,but also has been difficult to meet the needs of the development of a market economy.The new amendments to the Civil Procedure Law clearly establish legal institutions of the realization of security interest in non-litigation procedure,which is of a big step forward in the system of the realization of security interest.But these provisions are too simple to apply.Therefore,this paper is a research on the realization of the security interest in non-litigation procedure by the method of comparative analysis,logical reasoning and so on.The first part of this paper describes the problems of China’s security interest system based on the legal status quo.The second part of the paper observes and studies the existing legal provisions for common law countries and civil law countries from a comparative law perspective,and then draws a conclusion that some of the legislation in these countries are to use for reference for China’s security interest system.The third part of the paper explains the inevitability and the possibility of China’s legal choice of non-litigation procedure for the realization of the security interest,mainly from the point of the nature of event of security interest realization,the functions and features of the non-litigation procedure and so on.On the basis of the above-mentioned three parts,the fourth part of this paper introduces the construction of the realization of security interest system of China.Because the realization of the security interest in non-litigation procedure should correspond to the security interest system on the substantive law while the latter of China is a large and complex system,and with the development of society,a lot of new kinds of security interest has formed,this part introduces the construction of the realization of security interest system of China which includes the parts of both general principles and specific provisions.Every types of security interest should follow the general principles,while specific provisions are only suitable for special types of security interest.Compared with the imperfection of China’s security interest realization system which is in its infancy stage,some countries’ legislation on the system has been more perfect and has more cutting-edge theoretical research.In order to make China’s security interest realization system more practical and more perfect,we should study these researches.Therefore,part five of this paper analyzes the issue of join of the security interest in the realization of the non-litigation procedure and proceedings,execution and so on.The join of procedures is a complex issue,so more research and study are expected.