Research On The Auction Of Civil Execution And Its Improvement

Civil execution system by public law gives compulsory execution, safeguard the civil trial work implement, the realization of the creditor’s rights and debtor’s rights and obligations. Civil judicial auction system as an important base of civil enforcement system, its biggest highlights the subject matter of the value of the function can not be ignored, according to the effect of the written judgment of the people’s court may decide to entrust commerciality auction agencies responsible for auction transaction or organize the auction is executed property, pay off the debts of the person subjected to execution to auction price, protecting the legal rights and interests of creditors, and achieve good effect, which is the value pursuit of civil judicial auction system. However, the regulation of our country present legislation of civil judicial auction system is relatively short, not easy to operate, result in practice have different standard, unfavorable to the subject matter, reduces the efficiency of the auction. This paper argues that, should construct a system as soon as possible, scientific, and efficiency of the legal system of civil judicial auction, basically grasp the following three aspects: first, clear civil judicial public law nature of the auction, establish the authority of the judicial auction and credibility; Executed court, auction agencies, second, clarify the legal status of the parties, refine the scope of duties, regulating the behavior of staff, according to the characteristics of the different subject matter, adopt diversified way of auction, efforts to reduce cost of auction; Third, establish and perfect the judicial relief auction mechanism, building three-dimensional civil judicial auction supervision system, and fully protect the legitimate rights and interests of the parties and interested persons, maintaining the substantive justice and procedural justice.Based on civil judicial auction project, in order to perfect the judicial auction program design, both auction efficiency and fairness and justice. The whole paper first obtains from the basic concept of civil judicial auction properties, examine the auction legislation and practice of other countries or regions, in judicial auction in China on the basis of the analysis of current situation and problems, put forward the concrete ideas of perfecting our country’s judicial auction system. Main text is divided into four parts: the first part, the summary of civil judicial auction, expounding the definition of civil judicial auction and difference with the legal business auction sale, determine its nature; The second part, a comparative study of civil judicial auction system, mainly studies the civil law countries in legislation and practice of judicial auction issues and enlightenment to our country, including the auction process and right remedy two aspects; The third part, our country civil judicial auction system present situation and existing problems, such as legislative procedure, roughly single auction, the high cost, the right remedy is imperfect, lack of supervision, etc; The fourth part, the thinking of perfecting our country’s civil judicial auction system, in view of the above problems, a clear auction main responsibilities, introducing multivariate bidding mode, perfect the relief way, strengthen the three-dimensional supervision, forming efficiency and fair judicial auction system, deepen the reform of the civil judicial auction system, standardize the order of trading, maximize the safeguard the parties’ legitimate rights and interests and realize litigation-related assets value, to win the trust and support of the parties.