Research On Perfection Of Institution Of Civil Execution Auction In Our Country

In civil execution procedure of money claim,the civil execution auction can achieve lawsuit property or property rights realizable value maximization ,which maximizes the need of both creditors and debtors and improves the civilian implementation of the legal and social effects. The civil execution auction is selected to apply to the civil execution process, which is the mostly used method of liquidating. In the civil execution of judicial practice in our country ,the civil execution auction is also the first choice in variable price measures. Our study on the civil execution auction is not deep enough, especially in the legislation,.It is started later, and it is nearly still the blank upon this area in our country. Thus,the lack of maneuverability as well as poor coordination with the civil substantive law led to the disorder. The author argues that China should admit execution on the basis of public law nature auction, and continue to implement the auction based on the theory of public law to execute the following efficiency cost benefit analysis method of auction, combining with China's judicial practice.At the same time,the author takes Germany, Japan and Taiwan relevant executive auction advanced experience, balance the interests of all parties executive auction, reduce the cost and improve the execution auction, and the further perfect the auction of income of our country civil execution auction legal system.This writing is in accordance with the questions, analyzes problems, in order to solve the problem logic idea, that is, introduction to ask questions, the first three parts of the problem, the final chapter puts forward specific improvement reconstruction to solve the problem. Addition to the introduction and conclusion, the essay is divided into four parts: Chapterâ… : Overview of the civil execution auction. This section is mainly about civil execution auction, analyzes its defining of the difference with commercial auction and then concludes executive auction is different from other auction characteristic; Finally, it puts forward the basic principles of the civil execution auction.Chapterâ…¡: the nature of civil execution auction. The nature of executive auction determines the set of civil execution auction institutional path design. So this section lists the execution of the different nature on auction theory to analyze respectively, and advocates that as the basis of public law said perfect our country's civil execution auction system.Chapterâ…¢: mainly introduces our country civil procedure, and timely comb all the main problems of execution auction existing in the program. Specifically, the civil execution auction program mainly divides into civil preparation procedures and civil auction implementation phase. The preparation stage, the auction in civil review procedures not rigorous, the auction period day determined not timely clear and an auction notice issued the existing problems. In civil implementation stage, civil auction implementation of subject choice, auction mode and flow shoot, there are any auction of the big issues. In addition, China's current laws and judicial interpretation for the legal effect of executive auction rules are unclear, this chapter will lead to execute in practice auction disputes.Chapterâ…£: the perfection of our country civil execution auction system. Firstly,this section proposed auction system perfecting the concept of civil execution auction - the principle of efficiency, and cost-benefit analysis for the efficiency of methods to be described; then to civil problems in the implementation of the auction process, based on the principle of efficiency as a concept, to cost-benefit for the analysis, from the implementation of the main auction, auction way and auction costs and other aspects of the auction which can perfect the legal system of the specific measures.