The Research On Involuntary Auction In Procedure Of Execution

The execution cases are steadily on the increase since 1990, jurisprudential theories and relevant unitss are puzzled by the difficulty of execution. To formulate the separate execution law is extremely urgent. As the specific measure of compulary execution, involuntary auction is not perfect in the side of legislative position or auction practice. It is not match with the standing of auction in compulary execution law.The execution of pecuniary creditor's right has 3 stages. The first stage is "Preservation stage", which is to freeze the debtor's all properties to prevent shirking the liquidation of debt. The second stage is "Modification stage", which is to sell off the preserved properties through the way of auction and sell-off to satisfy the creditor. The third stage is "Distribution stage", which is to distribute the money to creditor to satisfy the debt. As the modification measure, involuntary auction is the intermediate link of preservation stage and distribution stage in execution procedure. What kind of lawful effect of involuntary auction has? How to construct the execution procedure? We must position the character of involuntary auction accurately. As the carrier of execution, the writer is deeply convinced the necessity of researching on the system and theory of involuntary auction. The essay, starting from the general introduction of involuntary auction, emphasizes on the research of basic theory of involuntary auction. Taking the basic of the research on the character of involuntary auction, the essay believes that nation is the sole principle subject of involuntary execution right. Involuntary execution is the nation's public statute behavior based on the public right, so involuntary auction has the character of public law. The essay approaches into the legal relationship of auction, legal effect, and the burden analysis of auction commodities and the legal responsibility of the court in involuntary auction. It strengthens the theory of our nation's public law of involuntary auction and constructs the appropriate procedures and puts forward an idea of perfect the standing involuntary auction system. The essay is practical. It announces its own opinions and solving way in the standing problem in legal practices, which is to evoke the deep going research of academic circles and practicing circles.