Civilian Implementation Of The Program Mandatory Auction Research

As a very important measure of appreciation of market prices in Enforcement of civil judgements,coercive auction refers to the means by which the state organs implement auction to sealed up articles or goods or other specific property and transfer the property rights to the bidder who offers the highest price according to the related stipulations and paying off debts. Chinese Civil Lawsuits (1991) firstly stipulates coercive auction in the coercive executive measures of execution procedure and clearly defines the law position of coercive auction in execution procedure.Based on the character of coercive auctiom,this thesis regards the state as the unique body of enforcement power,and regards the enforcement as public law activity on the basis of public power. In the course of paying money to the creditor,the Court is empowered to seal up ,distrain the debtor's property in case the debtor fails to make money payments within the designated time limit. Objects of coercive auction shall be the articles or goods or property rights which are owned by the debtor.But not all the articles or goods or property rights owned by the debtor can be sealed up and auctioned,especially when the debtor is in a very difficult situation.We should stipulate the articles , goods and property that the debtor should keep in detail as other countries.For the justness & efficiency,the coercive auction shouled abide by the relevant laws and administrative rules and regulations and adhere to the principles of openness,fairness and justice.In addition,coercive auction shall adhere to the principles of entrusting auction to the auctioneer,auctoning timely and priority.Regarding the auction effect,the property rights of real estates should be transferred to the vendee when he receive the ruling,while the chattels delivered to him. Where the auctioneer and client declare that they can't guarantee the quality or genuineness of an object of auction prior to the auction sale,they shall not be riable for the guaranty of the object.If personal or property damage occasioned by defects in an object of auction, the vendee do not have the right to claim compensation unless the client or auctioneer disguised the defects meaningly because the auctioneer shall display the objects of auction prior to the auction sale and provide relevant information and condictions for bidders to check the objects of auction.