Research On Institution Of Civil Execution Auction

According to the analyses of the quality and effect of civil execution auction, based on the law practice of our country and other countries, the dissertation has raised some propositions on reform and perfection of our civil execution auction institution. Besides the introduction and the conclusion, it divides into four chapters.The introduction covers the background, the significance and research method of the dissertation.Chapter one draws the outline of civil execution auction. Firstly, the dissertation differentiates some definitions regarding to the civil execution auction, holding that civil execution auction is a kind of court auction, public auction and mandatory auction. Different from the arbitrary auction, there are three features of civil execution auction, the starting of the civil execution auction is passive, the purpose is to perform the debt and the attending parties include courts and other public organizations.Chapter two focuses on the quality of civil execution auction. There are dilemmas in the doctrine of private law and the doctrine of balance. The civil execution auction is public act, different from auction in civil law. And it shows the power of execution organs. In the auction, both the creditors and debtors have the rights to participate in as bidders. The vendee acquires the original title of the objects.Chapter three analyses the effect of civil execution auction, based on the doctrine of public law. The right of preemption ought to be protected. The vendee acquires the original title and should not claim warrant of defects. Dealing with the burden of the object, there are two kinds of principles, principle of eliminating and principle of bearing. The principle of residue is forbidden of useless auction, not about dealing with the burden of the object. The real right for security and usufructuary right should be handled separately. When the auction concluded, the real right for security that is prior to the credit in execution eliminates. The vendee acquires the title without any burden. The usufructuary right is succeeded by the vendee. However, exceptional agreements are allowed.Chapter four puts forward propositions to reform and perfect the institution of our civil execution auction. The execution organ holds auction, in order to exempt the commission and reflect the public power of auction. Multiple offers are needed, it is necessary to introduce bidding auction. All the credits that should but not registered during the announcement of auction,are entrusted unfavorable consequence. The institution of remedy in auction also needs to be improved, in order to protect the interests of the parties.The conclusion summarizes the ideas of the dissertation.