The Enforcement Auctions System’s Consummation

The2009year on November12,"Supreme People’s Court Entrusts Appraisal about the People’s court, To auction And To sell off Work Certain Stipulations" is following "Supreme People’s Court Auctions, Sells off Property after People’s court Civil Execution In Stipulation", once more on the civil action enforces auctions the procedure to make the judicial interpretation. Although two judicial interpretations used16and36articles separately implement the execution auction procedure to the People’s court to carry on had stipulated explicitly, but not yet covered the execution auction procedure completely the key link, its stipulation had the problem which in the judicial practice some operated with difficulty.This article unifies the author to take office court for five years to carry out the auction reform practice, enforced to our country civil action auctions system’s consummation to conduct the research, besides the foreword and the conclusion, this article was divided three parts:The first part, had first determined the execution auction’s principle, the author with the characteristic difference which auctioned willfully obtains from the execution auction, to summarize induces the forced sale, the auction first, the prompt auction, to have the base price to auction, the court to auction primarily, the request auction voluntarily exhausts and so on for auxiliary and the auction six principles;The second part, in view of the execution auction procedure system’s flaw, key to auctioned the appraisal, the auction retention price, the auction earnest money, the auction designated date, to auction the confirmation which, the auction pretage procedure the place, the auction announcement, had the final say and settle the matter public and so on eight key links to propose consummated legislative the suggestion;The third part, after to solve the execution auction to finalize a deal the legal effect indefinite question, to carried out the auction subject matter property rights transfer time and the way, the execution auction subject matter risk bearing transfer time, the execution auction subject matter vendee’s slight defect guarantee request power, on the execution auction subject matter right burden processing and so on four easy to have the dispute law in the judicial practice to be suitable the question to define clearly, and put forward the system perfect proposal.The this article’s place of innovation lies in stands in the execution auction practice brand-new angle of view, concrete, to carries out the auction system existence flaw to propose explicitly consummates the suggestion, has the strong feasibility, hoped that can have a reality application value.