The Auction Civil Enforcement Problems Research

The auction system originated in commodities trading, its purpose lies in open, fair and equal competition conditions to realize the maximization of the value of goods auction, the modern judicial open, fair, just, give consideration to the interests of all parties in the very idea. Forced auction system as civil enforcement measures, and it through the auction of the debtor’s property, not only makes the extent of the obligee’s right to get timely and effectively pay off, makes the court can realize the effect, and through the auction made of the debtor’s property can realize the maximization of value, and also to maintain the debtor’s legitimate rights and interests. Although our country into forced auction system there has been some years, but the related theory research and related laws and regulations still lack, can not meet the needs of the executed practice. Combined with the practice of the complex relationship between various main interests, the subject of a forced auction sale in China at present social evaluation and implementation effects are not satisfactory. Therefore, establishing a complete set of forced auction system, it is to solve the problem of forced auction sale way, it is the inevitable requirement of modern judicial.This paper are divided into four parts, the first part of the focus on the analysis of some of the basic theory of a forced auction sale, including the concept, characteristics, nature, etc, and on some debate the author puts forward his own opinions. The second part of the present situation of the compulsory auction, including startup conditions and specific procedures for analysis. The third part of a forced auction sale in China mainly describe the system and practice the existing limitations and problems. The fourth part of a forced auction sale in China to perfect the system of the proposed some Suggestions.