Force The Execution Of The Auction Legal Issues

In the civil procedure of forcible execution, in order to realize the creditor's rights completely, people's court needs to take the measure of appraising to transform the non–monetary property sequestrated into money paid on the contract. Auction is the main way of appraising in the procedure of execution. Auction in the forcible execution is one sort of the forcible auction, it means the action of auction by the court for the sequestrated,distrained property according to the law. Its main purpose is to pay off the debt. This passage is to research on this important measure of forcible execution in the procedure of civil execution. As a measure of forcible execution in civil enforcement, auction is a measure of priority of appraising,namely auction is the principle of appraising property enforced in the procedure of execution unless in the circumstances prescribed by the law. Auction in the procedure of forcible execution is different from auction in the civil law, viewpoint of this passage is taking it as dispositive act in public law. The effectiveness and procedure of auction in forcible execution are different from the auction in the civil law on this ground. On the aspect of effectiveness, it's legal effect aims at realizing the value of items for sale and stabilization in trade, it is quite different from auction in civil law on the aspect of payment,possessing ownership of the items for sale,transfer of venture burden,petition of blemish guarantee,auction effect in recovery of execution,legal consequence on forcible auction of non-debtor property; On the design of procedure, the design of auction in forcible execution focus on enforcement organ, it has original trait in preparative and carrying into execution.