Research On Court's Compulsory Auction

The Court's compulsory auction system as civil enforcement measures, adopted business model of the auction system, to effective the judgment of the court, to try to resolve the difficulties of civil execution, protect the right of the parties. The nature and characteristics of compulsory auction system decide it is a relatively fair, transparent, efficient way of value alternation, it is also not a young execution way in China, but the Theory research in China and related regulations are still deficient , which can not meet the needs of the execution practice, and there is complex interests existing in the relationships among the multi-subject, the effect of mandatory implementation of the auction and social assessments are unsatisfactory. Through understanding of the actual situation of compulsory auction, we can find that, on the one hand, the objects of compulsory auction are not adapted to the scale of the auction market, on the other hand, there is dispute in the huge benefit and if the court should carry on auction commission and how to carry on. That all lead to the effective and just compulsory auction system can not properly realize its target, and face the problem of the crisis of justice authority, which in return affect the implementation of the enforcement , and create a vicious circle . For that, this thesis is divided into three parts: the first part started from the basic theory of compulsory auction, on the problem of the character of it, we hold on the opinion that the compulsory auction belong to the public law, which is comprehensive and reasonable. For the characters and principles, the compulsory auction should be pay attention to and take on the responsibility of solving the problem of civil enforcement. The second part observe the development of compulsory auction in China, using the legal economical theory to analysis the existing problems of compulsory auction on the basis of its practice from the normal process and regulation. The third part is my opinions on building a better compulsory auction system in the aspects of court auction, effect and relief system, with examples of some special subjects of compulsory auction ,trying to build a compulsory auction system which is suitable for the actual situation of China, in order to solve the difficulties of civil execution of the status quo. In the hope of making compulsory auction system which is in accordance with market regulation more effectively used in China, to secure the authority of judgment and personal property, to keep the economy in order, while in the process try to seeking the balance. ?...