A Studv On The Protection Of Buyers’ Rihts In The Judicial Auction Of Real Estate

With the continuous reform and development of China’s judicial auction system,as the key to solve the problem of "difficult execution",judicial auction plays an important role in civil execution.The judicial auction of real estate is the most common type of judicial auction.According to the relevant data,the number of legal auction houses is growing rapidly every year.However,with the continuous expansion of transaction volume,legal auction house disputes continue to appear.How to protect the buyer’s rights in court auction of real estate has also been widely concerned.This article will combine practical cases and theoretical analysis,from discussing the characteristic of the court auction house property and the legal status of the buyer,to analyze the necessity of right remedy for the buyer and the current legal provisions,This paper empirically analyzes the situation of the buyer’s rights damaged in practice and the judgment rules of the court,and summarizes the types of the buyer’s rights damaged in the judicial auction of real estate,which mainly include the disputes over the property rights and the difficulty in moving in the registered permanent residence,the bearing of high transfer taxes,the refusal of the actual residents to vacate,the appearance of "black intermediary" disturbing the market order,the existence of lease right on the real estate,the lack of legal protection and the burden of mortgage and other rights,the disunity of house purchase restriction policy lead to the buyer’s difficulty to know,and the defects of legal auction house.The main reasons for the defects of the buyer’s rights are as follows: Firstly,the legal system is not perfect,and the remedy for the rights of the buyer is insufficient;Secondly,the court’s failure to fulfill the duty of review leads to the buyer’s lack of the right to know about the auction house property related information;Thirdly,the buyer’s rights relief channels are limited,the relief channels are not smooth,and the rights are difficult to be guaranteed;Fourthly,the property auction nature of the defects caused by the definition of the liability for guarantee is not clear;Fifthly,it involves many legal subjects and complicated legal relations.Therefore,in order to further deepen the reform of the judicial auction system and protect the legitimate rights of the buyer,this paper puts forward some targeted measures,mainly including: Firstly,improving the legal system related to the buyer’s rights relief;Secondly,playing the leading role of the court in the auction process,and actively perform the obligation of real estate information review and announcement;Thirdly,establishing more department information linkage mechanism to make real estate information more comprehensive and specific;Fourthly,we should strengthen the professionalism of auction agencies and standardize the order of auction market;Fifthly,improving the supervision mechanism of online judicial auction,including the supervision of each subject in the process of judicial auction of real estate,and establishing a punishment mechanism for breaking faith of each subject to standardize the auction behavior of each subject;The sixth is to make clear the subject of warranty liability for defects.If the buyer’s rights are damaged due to the improper actions of the court,the buyer should be given the right to claim for warranty liability for defects.If the rights and interests are damaged due to the fault of the court,the buyer can also ask the court to undertake warranty liability for defects and make compensation.