Research On The Responden’s Objection In The Procedure For Realizing Security Interests

The realization of special procedure for security interest speeds up the circulation of collateral and the financing of funds and brings many positive effects.However,problems also emerge in practice such as insufficient attention and protection provided for the interests of respondents.The main reason lies in that Civil Procedure Law of the People’s Republic of China and its judicial interpretation only generally prescribe the procedure,which causes the insufficient objection privilege and empowerment of related remedies for respondents.Based on the above reason,this paper intends to take the objection of respondents to the realization of special procedure for security interest as a set of independent remedy procedure,and puts forward suggestions to improve the objection procedure of respondents by four parts.The first part mainly sorts theoretical knowledge related to the objection of respondents to the realization of special procedure for security interest,and analyzes the connotation and value of respondents’ objection.The second part analyzes the examination methods and contents of respondents’ objection to the realization of special procedure for security interest in order to explore possible remedy approaches to the objection of respondents.The third part analyzes the concurrence of objection with both outsiders and third parties that are likely to emerge in the process of respondents’ objection,and summarizes different situations of such concurrence in order to provide the direction of research for the following exploration of remedies for such concurrence.The fourth part focuses on the concurrence of objection between respondents and both outsiders and third parties to put forward solutions.Firstly,the litigation of both outsiders’ objection and respondents’ execution of objection can be set up to solve the concurrence of objection between respondents and outsiders;secondly,related provisions of separate prosecution can be elucidated to solve the concurrence of objection between respondents and third parties and provide remedies.Finally,the litigation of debtors’ objection can be set up and the reconsideration can be implemented to solve the concurrence of objection between respondents and third parties and provide remedies.