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经长期立法实践,我国已建立起实现担保物权的非讼程序,充分彰显了救济程序的效率价值。但不可否认,许多关于实现担保物权程序的具体适用问题未于法中得到明示和解决。笔者通过对非讼程序的设置进行运行观察和理论分析,结合实践考量,认为应细化申请主体范围,同时优化程序冲突与程序转换机制,以促进救济渠道的通畅,最终实现担保物权案件立法的社会效果和经济效果的统一。
After long-term legislative practice, our country has established a non-litigation procedure to realize the real right of security, which fully demonstrates the efficiency value of the relief procedure. However, it is undeniable that many issues concerning the specific application of the procedures for realizing security interests have not been expressly settled in the law. Through the observation and theoretical analysis of the operation of the non-litigation procedure, the author thinks that the scope of the application subject should be refined and the procedure conflict and procedure conversion mechanism should be refined in order to promote the smooth relief channels and eventually realize the legislation of the real right case The social effects and economic effects of the unity.