Executive Jurisdiction of Realizing Security Interests Cases

DOI

10.2991/icmess-18.2018.331How to use a DOI?

Keywords

Security interest; Licensing ruling; Application for execution; Executive jurisdiction; Location of property

Abstract

The request for compulsory execution by the people’s court is the purpose of the applicant’s initiation of the procedure for realizing the security interests. The particularity of execution in realizing security interest cases requires scientific and reasonable rules for the executive jurisdiction. However, the provisions of the new “Civil Procedure Law” and “Judicial Interpretation of Civil Procedure Law” on the executive jurisdiction over the realization of security interests cases are too vague to provide specific guidance for realizing the execution application of security interests cases in judicial practice. Following the basic principles conducive to applying for the execution by security interest holders and taking execution measures by the people’s courts, and combining certainty and flexibility, the executive jurisdiction of the security interests cases in China should be mainly based on the grass-roots people’s court where the property is located, and make appropriate adjustments to regional jurisdictions for special situations, while the special people’s court may govern cases related to the realization of security interests.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Linqi Li
AU  - Yuanyuan Shen
PY  - 2018/06
DA  - 2018/06
TI  - Executive Jurisdiction of Realizing Security Interests Cases
BT  - Proceedings of the 2018 2nd International Conference on Management, Education and Social Science (ICMESS 2018)
PB  - Atlantis Press
SP  - 1512
EP  - 1515
SN  - 2352-5398
UR  - https://doi.org/10.2991/icmess-18.2018.331
DO  - 10.2991/icmess-18.2018.331
ID  - Li2018/06
ER  -