The Pacification On Enforcement Guarantee

As the variable valence method of Civil Forcible Execution Procedure, CivilExecution Auction directly affect its result. Otherwise, the supervision to CivilExecution Auction is the security to Civil Forcible Execution. Unfortunatly, on themainland area, there still exist many question in both theory and practice for it’s toolate to reserch this part. This article aims to construct and perfect the Civil ExecutionAuction Supervision through reserching the basic theory of Civil Auction Executionand its Supervision.Civil Execution Auction is the narrow interpretation of Forcible Auction. Thenature of it contain both the compulsory measure in the public law and business in theprivate law, showing the national mandatory, objective to altruism, non owned mark,specific subject. Civil Execution Auction Supervision is different from CivilExecution Supervision, Auction Supervision and Civil Execution Auction Relief,should have some special supervise measures.It’s very important to supervise the Civil Execution Auction. Civil Executionshows the nature of public right, Auction is a very special transaction mode, and CivilExecution Auction’s own characteristic require the supervision to Civil Execution.Meantime, the Civil Execution Auction Supervision is important to change the presentsituation of Civil Execution.People’s court, parties and the interested parties, people’s procuratorate, and thesocial public opinion are the subject of the Civil Execution Auction Supervision, tosupervise the people’s court, evaluation mechanism, auction mechanism and otherparticipants.On the initiation phase, the supervision is mainly through the examination to theprerequisite, the execution basis, auction mark, the ban to the useless auction andexcess auction; On the preparation stage, these links should be supervised, such as thedetermination of the evaluation and auction mechanism, the value of assessmentfabric and reserve price, the collection of auction commission and the Appraisal costs,the determination of auction date and place, the releasement of auction notice, thedetermination of should buy qualification, the advancement of deposit, the notice ofparties and other obliges to be present; On the implementation phase, thedetermination of deal and the highest price, the determination of the result of auction,the management with auction items and the decision to reauction.Compared to other related articles, this paper tend to application type. Authorhas given some opinions and solution methods to the common questions in thejudicial practice of auction, hoping to cause deeper reserch, and encouraging eachother.