Analysis On The Subjects's Legal Relationships Of Judicial Mandatory Auction

This paper carries on the discussion on the legal relationships between subjects of the judicial mandatory auction.In preamble, the author first defines the concept of judicial mandatory auction and then points out the scope of this article, then Introduces the background of the subjects'legal relationships of judicial mandatory auction and puts forward the author's intention of writing the thesis: Analysis on the subjects'legal relationships of judicial mandatory auction. Later, the article reviews existing research achievements about the subjects'legal relationships in judicial mandatory auction, including the nature and program of current judicial mandatory auction in our country, also briefly introduces the research method.Chapter 1, the author introduces the history of judicial mandatory auction and five legal bases in part I. In part II, the author introduces the subjects involved the legal relationship generally.Chapter 2, in part I the author describe the controversy of court's legal status and describe the author's point of view. In part II, the author describes the controversy of Auction Company's legal status and describes the author's point of view. In the third part, the author discusses the applicant and the debtor's legal status. In the fourth part, the author discusses the possible changes of bidder and buyer's rights and obligations as well as the legal status in the mandatory auction. In part V, the author discusses the subject's (mainly the people's court and the auction institutions) legal status changes caused by the legislative changes. This article does not discuss the legal status of the assist agencies of implement.In chapter 3, part I, the author introduces the subjects in foreign judicial mandatory auction, mainly to introduce the court's legal status in foreign countries. In part II compares the differences of the legal status between China and foreign countries. In the third part, on the basis of the above comparisons, the author puts forward the views that the People's Court should auction independently, this part contains the assessment on the commission by the independent auction or consignment, also comments on practice and legislation that under our consignment model, The author also envisages, that establish the Auction Committee which drawing on the Special Maritime Procedure Law's provision, to balance the fairness and efficiency in the court's independent auction process, this part is the main innovation of this paper ; Meanwhile, the author also proposes a view that we should introduce mandatory management system which used in Germany and Japan; This part, the author also put forward proposals for improving the legislative system, Including the enforcement law should be issued quickly, and improve the court's national compensation system in the judicial mandatory auction.