Executive Jurisdiction of Realizing Security Interests Cases

摘要

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.