Research On The Civil Execution Auction System

In civil enforcement procedure, the auction decided the realization of the value of the subjectmatter, also is closely related to the realization of executive creditors’ rights. The civilprocedure law revised in2012established the court "should auction" on attachment,attachment. This paper will discuss civil execution auction theory and system systematically,and clarify the connotation and legal nature of the civil execution auction, on the basis of this,analysis “who is responsible for the auction” and construct a complete civil executiveauction procedures. In addition to the introduction, this paper is divided into four parts:The first chapter is the definition of civil execution auction. The civil execution auction is topoint to the enforcement activities that, in the civil enforcement program, actuator willsealing, distributing execution of the debtor’s property in competitive bidding mode, selectthe highest bidder for “should buy”, and will have the subject matter changed into price ofgold. The nature of the civil execution auction is the foundation of the civil executive auctionprogram structure, the legal nature civil of the executive auction should be location forpublic law contract said.The second chapter is the implementation subject and auction way of the civil executionauction. The reform of civil execution auction have been around the main line as “who isresponsible for the auction”. Therefore, the enforcement rules shall set up a division andcompliance, and to realize the separation of powers, at the same time, strengthen the subjectposition in the implementation procedure. On this basis, China can build up courtindependent auction as the foundation, the parties may choose to trust auction way as thecomplement of the auction system.The third chapter is the program settings of the civil execution auction. In the auctionpreparation program, the auction period should be determined, evaluated the subject matterfor sale price, determined the reserve price and margin, issued to an auction notice, showedthe subject matter. In the auction implementation procedure, guaranteed the right of theimplementation, holders of preemptive right and other interested parties, and to suspend orterminate the auction, build special auction system in unable auction, in order to promote theattachment of the subject matter to clinch a deal.The fourth chapter is the relief and supervision to civil executive auction. According towhether there are defects, the auction behavior can be divided into legal execution auctionand defects executive auction. Defects executive auction can be divided into illegal execution auction and improper execution auction. It needs the the objection to execution,the debtor objection lawsuit, to raise the third person’s lawsuit, reversed the statecompensation, damage compensation lawsuit, etc to relief the right of the trespassers. Inaddition, through execution supervision, the implementation of the separation of powers andbalances of decision and compliance in internal court and and procuratorial organs of theexternal supervision, realize the “power-power”supervision and control.