Our Courts Have Forced Auction System Research

Since the beginning of the 20th century, as society changes and the depth of the legal demands of people increases, the Court's civil enforcement actions, more and more forced sale of a civil court actions in the implementation of an important process, the auction system as a common international A competitive bidding, with an open, fair and impartial characteristics, in line with the trend of economic development, and uphold and improve the mandatory auction system can take enforcement measures against the price of most goods realized through this form, which can to achieve debt, the purpose of protection of legitimate rights and interests of creditors, in the auction by means of force, but also pay attention to the efficiency and effectiveness, reducing the burden on the debtor.In judicial practice, a lot of debt disputes by the decision of the lack of effective enforcement, not only harms the legitimate rights and interests of creditors, but also affect the authority of the law, by forcing the auction, you can make a lot of property to be executed to achieve its economic value economic value in this process, fully dependent on and reflect the nature of the court to force the credibility of the auction.The legal basis for the court to force the auction is not "Auction Law" and its origin from civil law, so the nature, effectiveness and the specific procedures have many differences with any auction, mandatory auctions is based on the fairness of public power and authority, credibility. Therefore, the court to force the auction system to be able to play its due role, you must have credibility. In addition to its credibility is reflected in the auctioneer by the court, a reasonable balance between the interests of the parties, but also reflected in the need to fully protect the stability of the court to force the auction to reduce the various disputes arising therefrom.This article from the legal principle to court for compulsory auction carries on the discussion and review and analysis, through to the compulsory auction and arbitrary auction properties of comparative study, which expounds its relative to the general auction house a distinctive feature of its unique legal relation of the subject. Forced auction of legal relation of subject and general auction house is different, therefore appear more prominent interests conflict, both public interest and private interest conflict, as forced auction the consigner's courts representatives of public interest and participation auctioning procedure of private interest conflict, and participation body mutual conflict. This article from the subject of a forced auction sale in theoretical basis for the whole auction, starting in the process of various kinds of interests, aims to analyze the relationship than from procedure formulation and system design perspectives and solve various conflicts, thereby in designing system adjust our prices accordingly.