On The Auction System Of Civil Execution

There is a legal maxim that "Execution is the end and fruit of law". Parties file lawsuits or seek various remedies by means of other disputes solving mechanisms. Then written judgments are to be made by applying laws in order to realize the civil rights endowed by law. If the realization of the civil rights defined in the effective legal instruments is hindered, the civil coercive executive measures are to be taken. The civil execution system, taking the coercive execution as backings, directly guarantees the judgment, the arbitration, and the notarization. Being a system of current price, the auction system of civil execution is essential to the civil coercive execution. In accordance with the power of judicial execution endowed by law, the people’s court takes national mandatory powers as backings and entrusts the commercial auction agencies to sell the executed property by auction in order to clear off the debt of the person against whom a judgment is being executed. To realize the legal rights and interests enjoyed by the person who applies for the execution in accordance with the effective legal instruments is the essence of the auction system of civil execution. However, the regulations of the auction system of civil execution in the current legislation of China are very simple and are hard to be implemented, which results in the frequent occurrence of the issues concerning the auction of civil execution. Therefore, it is necessary to establish a systematic and scientific legal system of the auction of civil execution to meet the urgent need in the practice of civil execution. The thesis makes research on this, aiming at solving the difficulty of civil execution in China to certain extent. It starts from the basic issues of the auction system of civil execution, makes a comparative study of the auction system of civil execution in other nations or regions, and puts forward the concrete thoughts for improving the auction system of civil execution on the basis of investigating the current situation of the system in China.