(by December 25, 2012, Zhejiang Province Higher People's court trial committee 2419th Conference)

 According to the eleventh session of the twenty-eighth meeting of the NPC Standing Committee amended the "PRC Civil Procedure Law" article 196th, article 197th and article 179th and other provisions, the court put forward the following opinions related problems for realizing the real rights for security cases:

Article 1 Implementation of real right for security case by the security property is located or the real right of pledge registration under the jurisdiction of the grassroots people's court.

The basic people's court no matter according to law shall be under jurisdiction of the maritime court of jurisdiction by the realization of real rights for security cases.

The basic people's court has jurisdiction over two of real right for security case by case first, under the jurisdiction of the grassroots people's court.

Article second Implementation of real right for security cases, the applicant can be the guarantee real right person, also can be the "property law" of the people's Republic of China stipulates that the 195th mortgage, the provisions of article 220th of the subject matter and the provisions of article 237th of property is retained as he has the right to request the debtor to realizing the real rights for security.

Article third The applicant for realizing the real rights for security applications, it shall submit an application with the following evidence:

(1The main contract);

(2Real right of pledge contract);

(3The registration certificate) or matter right certificate mortgage registration certificate or certificate of other rights, the pledge of rights;

(4) to prove that the relevant evidence materials to achieve real guarantee the fulfillment of the conditions, such as proof of debt liquidation period, the contract implementation guarantee occurs as evidence;

(5The people's court that need) other evidential materials submitted.

Article fourth The basic people's court is responsible for receiving the applicant to submit the implementation of real right for security application and registration in accordance with the law, grant"Business"The word case number.

Article fifth On the court shall be the date of the registration materials within two days will guarantee the transfer of the case adjudication tribunal review. Implementation of real right for security cases can be composed of one judge alone review, but for the contract of guarantee property amount exceeds the rating jurisdiction of court litigation grass-roots scope or the people's court shall constitute the implementation of real right of pledge that the court shall form a collegial panel to review, review.

The single judge or the collegial panel shall review the evidence, when necessary, investigate according to the authority the relevant facts and ask the parties concerned through the hearing procedures. No objection to the main debt, secured debt, according to law, the property for security shall order to approve the auction sale; on the main debt, secured debt is controversial, the court rejected the request, and in order to inform the parties may bring a lawsuit in the book.

Article Sixth The people's court to approve the implementation of security interests of the ruling after the entry into force of the principal debt secured debt, or not automatic discharge, the parties concerned may apply to the people's court that has jurisdiction for enforcement.

Article seventh Implementation of real right for security cases do not charge fees for the case.

The applicant to the people's court for compulsory enforcement, in accordance with the implementation of the amount charged to perform the application fee, shall be enforced by the people burden.

Article eighthThe implementation of the court in the implementation process to find real right for security cases that is wrong, can make a suggestion to the people's court, the ruling form a collegial panel to review.

Article ninth The views from the2013Years1Month1The date of promulgation. As with the new promulgated judicial interpretation inconsistent, the judicial interpretation shall prevail.

Attached: civil ruling style two

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CC: the Supreme People's court office, laboratory, judicial reform, two people court

General Office of the provincial Party committee, the provincial people's Congress, the provincial people's Congress in the office of our commission, provincial Party committee, Provincial Department of Justice

The provincial government financial office, the banking regulatory bureau, Zhejiang Province Bar Association, Banking Association

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The Zhejiang Provincial Higher People's court office                    Issued in December 25, 2012