The Discussion Of Our Compulsory Auction System To Improve

In the money debt in civil execution procedure, mandatory auction is a variationof the important performance measures, but for a long time, theoretical research andlegislation of compulsory auction is relatively backward in our country, which can notmeet the needs of execution practice. In recent years, research on auction problemgradually deepening and the legislative experience from the foreign beneficial,deepen the reform of the judicial auction is ripe, legislation and related systemconstruction also mentioned schedule. The article thinks, in the construction ofChina’s compulsory auction system, should carry out the auction theory developmentin modern civil trend that is "public law" theory, the qualitative nature of compulsoryauction as the law on the punishment, combined with China’s judicial practice,advanced legislation and practice experience and reference of foreign relatedexecution auction return to the court, independent auction of the origin, nature andeffect of the compulsory auction, balance the interests, the use of moderninformation technology, gradually promote the network auction, reduce cost,improve efficiency, and improve the legal system of compulsory auction in china.This paper mainly carries on the proof from three aspects, first, from the basic theoryof compulsory auction, processing properties, especially on the forced sale ofeffectiveness, the encumbrance of public law theory, that the most consistent with thenature of coercive auction, can manifest the forced sale of public trust and themaintenance of the court’s judicial authority, at the same time is conducive to thestability and the security of transactions auction. Secondly, combined with the actualsituation of China’s compulsory auction in judicial practice, due to the lack of existingproblems to be comprehensive analysis, and to evaluate the status of compulsoryauction system in china. Finally, based on the theory of public law, nature and effectof clear compulsory auction, absorption, from Germany, Japan and China’s Taiwanregion mature legislative achievements, combined with China’s judicial status andpractice experience, in the film material investigation, determine the date of the auction, information disclosure, court auction, increase auction, third people therelief, improve the design conception of compulsory auction system in China andsuggestions.