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抵押权的实现途径有诉讼和协议两种方式:前者存在的问题是可否依据非诉程序实现抵押权;后者存在的问题则是可否通过“流质抵押”来实现抵押权。目前,以非诉程序实现抵押权仍是一种学者见解,但从国外立法例来看并非不可;“流质抵押”因法律顾忌而被禁止,但其积极意义也应引起重视。综上,抵押权的实现途径应当增加非诉讼程序和“流质抵押”两种实现途径。
There are two ways to realize the mortgage: litigation and agreement: the former has the problem of whether the mortgage can be realized according to the non-litigation procedure; and the latter the problem is whether the mortgage can be realized through the “liquidity mortgage”. At present, it is still a kind of scholar opinion to realize the mortgage right in the non-litigation procedure, but it can not be seen from the foreign legislation. The “liquidity mortgage” is forbidden because of legal scruples, but its positive significance should also be paid attention to. In summary, ways to realize mortgage should increase non-litigation procedures and liquidity mortgage two ways to achieve.