The Theory Of Civil Enforcement In Judicial Auction

As the key in the area of civil enforcement, judicial auction has drawn much public attention. On its course, judicial auction can be divided into auctioned property collection stage and auctioned property formal auction stage, the two stage can be explained more reasonable by in theory of public law and private law respectively, but the overall analysis should be explained to public law. At present there are some problems in our judicial auction: evaluating the value and determining the auction reserve price being not normative, the auction notice published being not normative, serious violations of auction companies, the judicial auction cycle longer, bidders malicious event, and some judges "Inaction" and "disorder".Through the study of relevant foreign countries judicial auction system, we will the three experiences:the executive to determine the subject of judicial auction, the movable and immovable property shall be prescribed separately and the law clearly stipulates that the specific procedures of judicial auction. At the same time also compares the new attempt two domestic judicial auction, Chongqing and Zhejiang took the lead on the reform of judicial auction, Chongqing through the third party organization, makes the barrier between the court and the auction mechanism to ensure the two can not contact in direct, so as to prevent the auction mechanism of rent-seeking to court and judge. While Zhejiang is using the network, the network will be the traditional judicial auction, the auction by the auction mechanism for auction directly replaced by judges for the lead, the network auction through taobao.com judicial auction platform.Relevant experience in domestic and international judicial auction, this paper puts forward four suggestions to perfect our country’s judicial auction system, namely: the nature of judicial auction system specification, the distinction of being the auction property to set the auction rules, the corresponding reduce human factors in the auction process intervention, set up supervision mechanism, thereby the judicial the auction is open, transparent, and will promote judicial auction and the consular openness, fairness and justice, safeguard judicial credibility.