Improvement In China’s Judicial Auction

Moment, negative news about the auction often coming into view. "Auction is a public auction in the form of a specific item or property rights are transferred to the highest price of selling and buying." The following "open, fair, just and good faith" principle. "Supreme People’s Court Civil Enforcement provisions in the auction sale of the property," the 2004 Act Release No.16 also clearly states that "In order to further standardize the implementation of the auction, the sale of measures to safeguard the legitimate rights and interests……enactment of this provision". We can see that this form of auction procedures for the administration of justice is no doubt the combination of its starting point is good, but why the developed to the point of often being criticized, which is worthwhile for us to ponder. This auction and judicial corruption will be involved in place one by one analysis, identify the root causes and solutions.The current mainstream view attributed their appearance:1, the auction notice is not standardized; 2, some courts have adopted non-standard auction commission; 3, the auction contract and payment of commission prominent problem 4, the individual courts of the auction price or margin out of control; 5, individual court trustee auction agency review of the qualifications and other relevant lax; 6, and some review of the auction lax, the review of the Third Party’s objection is not serious, leading to the Third Party and to the subject property as the implementation of the auction; 7, the individual courts to auction the property prices were too low to be executed; 8, malicious collusion, threats and other bidders bid placards are quite serious, widespread phenomenon of multiple price auction, damage the interests of the parties, resulting in loss of state assets; 9 Some commissioned a re-commissioned assessment of auction, or both commissioned evaluation and auction, the auction house and assess the cause malicious collusion, while the fall in the assessment and the auction, the auction raised the auction price much lower than the actual value of the subject; 10, auction houses judicial commission to undertake the implementation of the auction business to the bribery of judges, leading law enforcement officials criminal batch, the Court recognized the Executive has become a high-risk industries, particularly the field of commissioned by the auction. This is summarized as it:One of the problems, the auction notice published in the media and the location is not standardized; problem selection of two auction houses are not standardized; the problem of three commissioned by auction is not standardized; the problem of Four, led to collusive behavior in auction links cheap disposalRepresentation of these issues through research, this combination of domestic and foreign forced sale of the operating mode of administration of justice and further proposed that the present limited liability companies to participate in the auction sale of judicial enforcement framework and legal environment in congenital deficiency of forced sale for strengthening the judicial supervision of fiduciary duty the importance and necessity. Auction companies and even the vast majority of companies currently lack the historical background and the fiduciary responsibility to analyze the situation summary for the establishment of an independent outside the court system is different from the traditional auction companies and private nature of the system of registered auctioneer a combination of property rights trading platform, and wider adoption of electronic bidding auction model platform is worthy of judicial enforcement of the administration of justice system reform to introduce a paradigm useful attempt.Improve the judicial enforcement procedures and links to contact the auction will not only help create a fair, effective and reasonable enforcement of environmental issues at the same time put an end to corruption, but also help to improve the credibility of national jurisdictions. Therefore, the judicial enforcement of the auction is necessary improvements carried out.