Auction Ruling Be Executive Human Rights And Damage Relief

The people’s court rules that the auction is the auction house, ruling the subject ownership transfer enforcement measures, is a way of civil execution. Therefore, the wrong auction order remedy must follow the execution ruling remedy principle. In accordance with Chinese current Civil Procedure Law and relevant laws and regulations, the rights and interests of ruling by the auction by the implementation of the relief way to roughly four. The first kind of remedy is the retrial relief, under the current legislation does not specify the auction order can be relieved through retrial, theoretical circles on the auction order wrong retrial relief have both supported and opposed, but in judicial practice it is not supported by the retrial relief. Auction rule has its particularity, the auction order nature of the analysis can be drawn, auction ruling error can be relieved through retrial. The Second kind of remedy is the parties filed objections, whether it is the current legislation and the theoretical circles and judicial circles, all support the auction that errors can be filed objections, opposition to execution has full support of the basis of legislation and theory and judicial practice, which can be fully, effectively safeguarding the legitimate rights and interests of the parties. The third kind of remedy is instituted by the procuratorial supervision, as Chinese Civil Procedure Law to further improve, procuratorial supervision in the auction that mistakes have a clear legal basis, the judicial practice circles pay more attention to the procuratorial supervision, the procuratorial supervision mode can effectively promote the relief process, reduce the cost of person subjected to execution remedy. The fourth way is to sue auction companies, although Chinese current legislation does not clearly define that the judicial commission auction companies can be sued, the theoretical circle has considerable controversy, the judicial practice not file the case to sue auction companies, but with the in-depth study of the relevant system and improve the prosecution, auction companies in the auction ruling remedy to person subjected to execution rights damage will play an increasingly important role.