Practical Examination and Reasonable Reconstruction of Realizing the Application Fee of Security Interest Cases

摘要

In the realization of security interest cases, the application fee is closely related to the interest of the applicant. There is a lack of explicit stipulations about whether the application fee is charged and how to charge it in law and related judicial interpretations, which leads to the confusion of the application fees of the basic people's court at various levels in the judicial practice. Following the principles of ensuring the effective exercise of the applicant's litigation rights, the rules of the market, and basing on the national conditions. The type of fees applied for the realization of the security interest should be the application fee, which charged by the item. On the way of obtaining the remedies for the realization of the security interest cases. The right to file a separate appeal should be given to the parties who realize the case of security interest when they are not satisfied with the decision on the application fee.