On Compulsory Auction System In China

All the time, Compulsory execution difficult problem has been plagued by thetheory circle and Practice Department. Although mandatory auction has beenclearly defined Under “The Civil Procedure Law”,but very little content Provisions ofthe Supreme People’s court "in2004implementation of the auction, the sale of theproperty" has more detailed provisions of the compulsory execution auctionprocedure. But the implementation of the theoretical foundation, on the basis of theauction system design scheme selection and the few reasons. In short, the currentlaws enforcement has not yet formed a complete system, the existence of manyproblems, it is difficult to adapt to the practical needs of the development ofcompulsory execution. Therefore, this article in view of the current situation ofcompulsory auction system in China, the main problems existing in the concreteanalysis, public law strengthening compulsory auction to improve judicial credibilityof the auction and puts forward some legislative suggestions as the breakthroughpoint. This paper is divided into three chapters.The first chapter introduces the concept, the mandatory auction differences withthe traditional auction and On the legal nature of the forced sale of the main civil lawcountries and regions legislation survey, the legal nature of compulsory auction.The second chapter focuses on China’s compulsory auction legislation, principleand the general procedure and points out the main problems existing in, One is thenature of coercive auction understanding differences lead to the forced sale ofconfirming the validity of the dispute; two is the objection of execution legislation isnot perfect, such as the execution objection review period shall not dispose of thesubject matter of enforcement problems, on objection review procedures did not makedetailed provisions; three is a compulsory auction practice in numerous and seriousobstacle "chaos" such as: Rural self built housing difficult to auction, biddersoccupation control field and malicious collusion, collusion is banned repeatedly morethan, a few judges "not as" and "as the chaos" phenomenon is still unable to put anend to.The third chapter on the basis of the previous text from the establishment and perfection of legislation of principle, put forward some ideas. Specific include thefollowing aspects: one is the compulsory auction system should be based on thepublic law theory as its theoretical foundation; two is to improve the basic principlesof legislation on mandatory auction; three is the bidder auction auction of originalacquisition of ownership; the four is to modify the execution objection stipulation;five is clearly the rural property included in the scope of the auction property; the sixis to strengthen the compulsory auction of the supervision; seven is to give the courtto execute the ruling confirmed right change effect of the power; eight is theestablishment of the mechanism of accountability and judicial rescue fund combined;...