Research On Compulsory Auction In Civil Enforcement Procedure

Since the 1990s, civil and economic disputes have increased dramatically, Civil Enforcement mission becomes heavier, Which cause the problem of "difficult to execute" and "execute random". Now, a unavoidable fact is, no matter from legislation or from auction practice speaking, as an important compulsory execution measures, the compulsory auction system has many problems, which are urgent to be perfect. Aiming at present situation of chinese forced auction system, This article will analyze and find out problems and give some Suggestions for improvement.The first chapter will focus on concept and nature of compulsory auctions, which are theoretical basis of chaper second and three.The second chapter will analyse the main problems of current cmpulsory auction system, including the following aspects: firstly,academia have different understanding on the natuer of compulsory auction; secondly, the existing means of auction ,which is by professional auction agencies ,cost too much and procedure is complicated; thirdly, the provisions of legal effect of compulsory auction is incomplete, the lack of warranty liability obstruct the smooth running of the whole system; fourth, the relief system is not adapt to the needs of practice, not only the debtor, but also the applicant and the buyer's remedies are needed improvement; fifth, the supervision power is insufficient ,which is a major reason for the problems in the course of compulsory auction.The third chapter will focus on suggestions of improvement, basic on which to reconstructe our compulsory auction system, specifically including the following aspects: firstly, the nature of compulsory auction should be considered in public-law way; secondly, it is the people's court that should be main body of compulsory auction ;thirdly,the means to compulsory anction should be diversified, including both the traditional forms and new forms such as the Internet auction and so on,which are required by the social development; Fourth, the procedure of compulsory auction should be further improved,which conclude existing law provisions perfection and new provisions for new means of compulsory auction; fifth, legal effect should be completed, the buyer has no warrant claim right to neither goods or third party rights; Sixth, the improvement on remedy system, concluding the debtor objection lawsuit and implementation of state compensation.