Research On Coercive Auction In Civil Enforcement Procedure

The auction of civil enforcement is an important system in civil enforcement; it plays a vital role in solution of civil cases. This paper aiming at China civil enforcement auction system to improve legislation and practice of the status and solve the main existing problems, draw lessons from other countries and regions, and puts forward the beneficial experience to improve our country civil enforcement auction system conception. This paper will be divided into two parts: preface and text.Preface introduces the purpose of the research are expounded with scope, theoretical significance and practical value and research methods.The first chapter is the overview of auction in civil enforcement. In this chapter we discuss the concept of auction in civil enforcement, quality and principles. First on the analysis of the concept of civil enforcement auction, articles highlighted the executive auction and legal auction distinction, clear execution auction and legal auctions are two mutually inclusive category, should not will both promiscuous. Secondly, the paper elucidates executive auction and commercial auction to distinguish three characteristics, namely the implementation of the national mandatory, legal regulation difference, and the particularity of the subject. In the final analysis, the nature of the executive auction first about civil enforcement auction nature paper three theories, namely the public law and the private law and said to compromise said, and the three theories respectively, put forward in this paper to analyze the after view, namely civil enforcement auction behavior is an integration of private law, public law the behavior of the nature of private law, the table, the shell is public law shell, nuclear mainly private nuclear.The second chapter civil enforcement auction the legal effect. This chapter first analysis at auction gold delivery, auction content ownership transfer of acquisition, risk burden of content, the buyer defect warranty claims and rights without defect warranty claim and its processing, etc. This paper thinks, pat resource in civil enforcement auction original acquisition auction content ownership, which does not enjoy the defect warranty claims and defect warranty claim rights. Continental law in some countries and regions on the subject of auction, the legislation can be divided into destroy the burden of nationalism and handle under socialist two legislative policies, there are few countries and area only take a legislative policies, and often taking under socialist or destroy socialist when still adopt surplus socialist. The third chapter our country civil enforcement auction the status investigation. This paper purposefully presents civil enforcement fields, namely the problems existing in the executive auction subject to party localization is accurate, the relief system is not perfected, auction is too onefold, private law, and corruption frequent analyzed the causes of these problems and its background, put forward the corresponding solutions for made matting.The fourth chapter consummates our country civil enforcement auction system conception. This paper puts forward the civil enforcement measures, auction system dominated by the executive court shall direct the auction, perfecting the executing auction the relief system, appropriately increase, to strengthen auction execution court supervision, etc, in order to make our civil enforcement auction system to be more perfect.