The Study On Compulsory Auction

The compulsory auction is an important price change measure in civil enforcement measures, its openness, fairness, efficiency make it as a primary measure in civil enforcement. Compulsory auction means in accordance with the law enforcement agencies relating to enforcement, will the seizure, the seizure of the debtor’s property sold by way of public auction to the highest bidder, to achieve the purpose of debts. In the course of our ongoing judicial practice, and gradually established the auction system. It first appeared in the country in 1991 promulgated the " Code of Civil Procedure", after the role as China’s civil enforcement continue to improved, compulsory auction system to ensure timely termination of civil enforcement cases, safeguard the legitimate rights and interests of creditors, and ensure the security and other aspects of increasingly significant, academic and the legal profession for the enforcement of the auction system and more attention. China has not yet developed enforced laws, legislation on compulsory auction of the main provisions of judicial interpretation. Due to historical reasons, China’s compulsory auction legislation is still relatively backward, research has lagged behind compulsory auction of some deeper problem academia nor compulsory auction were discussed, such as:compulsory auction’s invalid and voidable, online auctions In the compulsory auction of the applicable and so on. This article is also based on existing research, try to do some exploring on some issues of compulsory auctions. This paper is a combination of our existing legislation compulsory auction, analysis the measure in Taiwan and abroad for compulsory auction provisions to do with China’s research on the basis of comparative analysis, in-depth comparison of the compulsory auction of the study. Meanwhile, based on China’s social reality, summary judicial practice lessons, and put forward the views on compulsory auction of legislation.This paper is composed of five chapters as follow:The first chapter is to explore the nature of the compulsory auction. Firstly, the academic debate on the nature of compulsory auction of three main points were demonstrated. Then a comparative analysis of the two legal systems of the compulsory auction of the relevant legislation, combined with the status quo of China’s legislature that the compulsory auction of its position on the nature of public law sayings, said with a compulsory auction to determine the ownership of the subject matter in a given shoot people, and giving the outer case Man relief pathways to balance the interests of both sides.The second chapter studies the compulsory auction and other related systems: one is compulsory auction with the "Auction Law", the second is the general compulsory auction, the third is compulsory auction and public property auction, compulsory auction study of these three problems with other systems differences and connections. For the compulsory auction with the "Auction Law", we believe that our system of compulsory auction rules and the "Auction Law" is a cross-relationship, and our system of mandatory rules of the auction is not for the Supreme Court not quite complete omission, but taking into account "Auction law" in the compulsory auction of certain provisions of the applicable provisions need not be repeated. For the compulsory auction and general auction, we believe that there are many differences and connections between the two.The third chapter is study on the issue of compulsory auction. This paper argues that in adopting the provisions of auction can not simply take a way to cope with various situations in a compulsory auction, but only according to the subject or to perform specific situation to determine to take a different approach to achieve optimal auction resolved, while the court may consider the option of independent auction or auction commission negotiated by the parties to resolve. This new type of online auctions in the forced auction has been applicable, however, there are some rules which are not applicable in the compulsory auction, such as online auctions in the right regrets. In the compulsory action of the price of gold payments, pay the price of gold should be appropriately deferred, but the law requires such special circumstances provision. Approach taken in the case of failure to pay the price of gold should be the most appropriate integrated basic prices and property status of the auction buyer even matter to measure the implementation of the case.The fourth chapter is the effect of compulsory auction. This paper argues that compulsory auction void should be clearly specified in the law, and our existing only in the "Auction Law" Article 65 provides for an invalid reason. On the issue of security flaws compulsory auction, because not only retain the right to request a security flaw worth more appropriate price, which at the same time give the buyer substantial justice, for the rights of other interested parties will have a significant impact. Therefore, the people’s court and auctioneer in the compulsory auction in principle assume responsibility flaws. In case of accidental shooting mistake to sell the property of a third person, as opposed to the true ownership of a third person, the shot should be given the benefit of people more worthy of protection.The fifth chapter is a review of compulsory auction. This article points out the compulsory auction of the relief sought to enforce and protect the interests of the debtor, prejudice compulsory auction bidder behavior and ineffective solutions in these areas. Also studied some problems that exist in the compulsory auction of the estate and ship auction.