A Study On The Delivery Of Houses After Civil Execution Auction

Compulsory auction is the most important and commonly used enforcement measure in civil enforcement procedures.It is very different from the civil law in the subject,principles,procedures and methods of buying and selling.The contract system and rules of the People’s Republic of China regulate and adjust compulsory auctions.Because of this,many countries have detailed regulations on compulsory auctions in their legal systems concerning enforcement.However,China’s provisions on civil enforcement procedures are scattered only in the Civil Procedure Law and judicial interpretations,and there is no complete and unified enforcement code.Moreover,due to the clear boundaries between theory and practice,the theoretical community lacks practical perception of the practical world.Experience but no time to study the laws of various departments,most of the understanding of the laws and regulations are superficial,staying on the surface.It also caused some articles to be obscure,the directionality was unknown,and the operability was not strong.In the civil execution procedure,the compulsory auction is a very common and indispensable enforcement measure.Compared with the legal relationship of the sale and purchase contract,there are certain differences,especially in the subject of the transaction,the principle of conduct,and the procedure and method of the transaction.There are big differences in many aspects.The regulation of the legal relationship of contracts in the substantive law of civil law has little effect in adjusting and guiding the compulsory auction.Therefore,most countries have detailed regulations on compulsory auction procedures in the enforcement of legal regulations.However,at present,my country’s guidelines and reference opinions on civil enforcement procedures are limited to the Civil Procedure Law and various judicial interpretations,and there is no complete and unified enforcement code.Moreover,due to the obvious boundary between theory and practice,there is practice in practice.Experience but no time to study the laws of various departments,and most of the understanding of the laws and regulations are superficial.The theoreticalcircle’s lack of practical perception of the practical circle has also led to some articles that are obscure and difficult to understand,with unclear directions and poor operability.The first chapter of this article uses a few typical cases as a starting point,leading to the topic of the article discussion,namely how to start the delivery of houses after auction in civil execution,who is to deliver,to whom,how to deliver,and the analysis of civil execution from three aspects The reason for the difficulty of delivery in the program.In Chapter Two,the author will start with the nature of the execution procedure,analyze the nature of the execution procedure in our country through the current academic evaluation and analysis of the execution procedure,The author concludes that the “public law theory” is more reasonable in the execution procedure in our country,and it is later thesis put forward the theoretical foundation for important delivery program text analysis.The third chapter will analyze the three aspects of delivery obligations,seizure methods and delivery procedures in the implementation process.The author believes that the uniform "dead seal" and "tengqing" are not completely reasonable.In the case where the person subject to enforcement occupies the house,such as the court auction,the buyer shall eventually be obliged to return the house,and the third party shall legally occupy it.At the time,the buyer should follow the principle of “sale without breaking the lease” and continue to accept the state of being legally owned by a third party.If the buyer fails to perform the obligation of return after the expiration date,the buyer can request the court to vacate the house through a lawsuit to eliminate the damage.In the case of illegal possession by a third party,the third party should use other means to determine the ownership of the house,such as filing a third-party enforcement objection and an enforcement objection lawsuit to the court.The buyer can also obtain a right to the house in this lawsuit.The substantive right to request the court to vacate the house.In the last chapter,based on the understanding of the existing auction procedures in my country,the author puts forward his own suggestions from the aspects of investigation procedures,auction legislation,delivery procedures and safeguard mechanisms before auctions,pending further improvement of the execution procedures.