Research On Coercive Auction In Civil Enforcement Procedure

As a very important measure of appreciation of market prices in civil enforcement procedure, coercive auction refers to the means by which the state organs implement auction to seal up, sequestrate the property and transfer the property rights to the bidder who offers the highest price according to the related stipulations and paying off the debts. Chinese Civil Lawsuits (1991) firstly stipulated coercive auction in civil enforcement procedure and clearly defines the law position of coercive auction in execution procedure.Along with the reformation of the civil execution procedure, the civil execution auction has important meaning in insuring the cases are finished in time, and implementing the legal rights of the creditors, so the academe begin to think much of the civil execution auction. But as a very important measure of appreciation of market prices in civil enforcement procedure, coercive auction is incomplete in law and execution measure. The dissertation focuses much of coercive auction. Based on the outline of civil coercive auction and the legislative status of civil coercive auction system, expound the problems of the compulsory auction system of our country. Based on the law practice of our country and some good reform and perfection of other countries, bring forward the feasibility proposal to improve the mandatory auction system of our country.