Study on Constructing Noncontentious Procedure of Realizing the Mortgage Right

Different stipulations are made in Property Law and Guarantee Law when it comes to the means of realizing the mortgage right in China.Section 2 of article 195 of Property Law stipulates that:where no agreement on the means of realizing the mortgage right is achieved, the mortgagee may require the people's court to auction or sell off the mortgaged property.However, which procedure of the procedural law should be used to put this innovative article of civil substantive law into application is still in dispute at present.With theoretical analysis and comparision, the present author reckons that civil noncontentious procedure should be applied to realizing the mortgage right, and the concrete system of this noncontentious procedure is also brought out in this paper.