Study On Optimization Of Compulsory Auction Method In China

For a long time,China’s compulsory auctions have mainly adopted court-entrusted auctions.This has not only increased the difficulty of realizing the property being executed,but has also impaired the interests of the executing parties.At the same time,the difficult definition of execution and entrustment in the entrusted auction has objectively resulted in mandatory Auctions have become the hardest-hit areas for violations of laws and disciplines,which has seriously damaged the credibility of the judicial work,and this is obviously far from the legislative purpose of forced auctions to achieve timely and efficient creditor claims.It can be seen that it is very urgent to conduct a comprehensive study on the compulsory auction method and to analyze the compulsory auction method that meets the actual needs and long-term development,so as to make it more conducive to maximizing the realization of the executed property,thereby protecting the enforcement of the legal rights of the parties.And necessary work,this will help respond to the voice of the masses,help improve the implementation of quality and efficiency,help establish the prestige of the judicial work,and help build a socialist legal China.So what kind of forced auction is more applicable? How to optimize it so that it is in line with national conditions and is more maneuverable? This is the main issue of our research.This paper first completes the theoretical basis,analyzes the definition of compulsory auction and its main methods,analyzes three kinds of auction methods of court’s own auction,court-commissioned auction and network Judicature auction,analyzes the principles of compulsory auction,and analyses the development course of compulsory auction in China,It is concluded that the saving and abolishing of the compulsory auction method can protect the lawful interests of the parties concerned,and can realize the maximization of the value of the auction object at low cost and high efficiency.This lays the theoretical foundation for the later research,which mainly solves the problem of "whatto study",the main content is in the second chapter.Then on this basis,this paper analyzes the present situation of the compulsory auction in China and the existing problems,the existing laws and regulations restricting the network judicial auction are still relatively deficient,the relevant safeguard measures need to be strengthened,the supervision measures to be optimized and the bottleneck,and the main reasons for scientific analysis,thus solving the "what" and " Why " The main content of the question is in Chapter three.After clarifying the present situation and existing problems,this paper mainly analyzes the compulsory auctions of countries and regions such as Germany,Japan,the United States and Taiwan region,and proposes to learn from the German Banding hearing procedure to supervise the online judicial auction in the light of our national conditions.To learn from the United States to fully mobilize relevant creditors actively participate in the compulsory auction experience.and focus on the court commissioned auction and network Justice Auction comparison,objective analysis of the current court-commissioned auction of many abuses and the corresponding network of judicial auction advantages.Finally,the comparison between the comprehensive and the extraterritorial compulsory auction methods,the comparison of commissioned auction and network judicial auction,the author puts forward the conclusion that the compulsory auction in our country should adhere to the "network judicial auction priority,the court to entrust the auction supplement",and finally put forward the optimization measures to pave the way to solve the problem of "what to Do",The main content is in the fourth chapter.Finally,Finally,from the legal interests of the enforcement parties as the center,the problem-oriented,"network Justice auction priority,court-commissioned auction supplement" as the foothold,from the perfect compulsory auction legislation,clear network judicial auction and court-commissioned auction of the scope of application,strengthen the security of network judicial auction,This paper puts forward some suggestions on how to optimize the compulsory auction in three aspects,such as perfecting the legislation of compulsory auction,strengthening the guarantee of networkjudicial auction and optimizing the supervision system of compulsory auction mode,which solves the problem of "how to Do".