The Court's Compulsory Auction And Problem Of Procedures

Auction is originated from commercial trade. Its' purpose is to maximize the value of the commodity through an open and fair competition. This characteristic of auction stands well in line with the spirit of modern judicial system, that is openness, justice and considering the interests of either side of a dispute. Introducing the system of forcible auction into civil execution process means we are able to maximize the value of the debtor's property by the way of auction and then pay back the debt effective1y and promptly, which mostly safeguards the creditor's due interests. Establishing a fair, rationa, effective and honest judiciary auction system is a must for the modern judicial system.The first chapter from the forced sale of concepts and features of the beginning, through the current comparison of three popular theory, elaborated on the nature of the auction is a mandatory law, is a public power auction is mandatory auction priority, the court-led, such as limited principle.Chapter II focuses on the fairness of the auction process mandatory requirements of the legal basis and content requirements, as an enforcement measures, only the procedures used in the design and fully embody the principle of openness, fairness and impartiality, to highlight the value of its existence, access universal compliance.Chapter III by the first quarter of the judicial practice of compulsory auction of the law, based on the implementation of the prerequisite conditions, property on the scope of analysis to clarify the mandatory start of the auction process requirements and conditions. The section highlights the mandatory steps and auction procedures order to clarify the specific implementation of the auction and should be brought to the attention of several important aspects of the guidance mandatory auction has important reference and learn.Chapter IV of the effectiveness of mandatory auction procedures, as well as a result of non-payment of overdue payments at the auction of delivery can not mandatory court violation of the legal consequences of the auction process, a different way of relief.