Research On Institution Of Civil Execution Auction

Civil execution problems has always been plagued the country’s judicial problem,although our country civil procedure law and judicial interpretation is to enforce therules of the problem are discussed in the system, but enforcement difficulty still needsto solve. In the various measures of civil execution, the civil execution auctionundoubtedly plays a very important role. Look from the system function, implementauction, which can be realized the person subjected to execution property to pay offdebt, both to maximize meet the requirements of the creditors, but also to maintainthe interests of the person subjected to execution. And executive auction can solve theproblems in the process of execution, the both sides are convinced in the finalimplementation of creditor’s rights debt, maintain the stability of the society. Ought tosay, an auction of legal effect and social effect is significant. It is because of thesystem of civil execution auction function has the superiority, our country also willperform the auction as important measures. On the legislation of civil executionauction, however, relative to the continental law system in our country other countriesobviously in the position of the relatively backward, and theoretical research is notin-depth. In judicial practice, the civil execution auction always lack of a clearspecification guidelines, both influence the implementation effect, but also for theprotection of the legitimate rights and interests of the parties. In this paper, the studyof civil execution auction is based on the above background, try to ask questions,analyze and solve problems of logical thinking to explain the issues of the civilexecution auction.This article first chapter for the interpretation of theory of civil execution auctionsystem. In this part, the concept of civil execution auction and characteristics aresummarized. This is the foundation of civil auction system is different from the otherways to perform. In theory, the nature of civil execution auction is controversial, canbe divided into private law said, eclecticism, said different theories, such as eachtheory each has a different point of view. This part has carried on the simple idea ofall kinds of medium review, think public law said. Finally, this part of the civil execution auction should follow the principle of the list.The second chapter is the legal effect of civil execution auction. Due to thedifferent understanding of the nature of civil execution auction, deduced theexecution of the different effect. Under public law says, this chapter respectivelyperform auctions buy ownership acquisition modes and time; The drawbacks of anauction item guarantee responsibility; Enforcement agencies three problems such asimproper auction the legal effect of the interpretation. Different legal effect for theinfluence of the parties is not consistent, so for the legal effect of judgment andregulation must be about the nature of an auction.The third chapter is our country present situation and the drawbacks of civilexecution auction system. Civil execution auction in our country is still imperfect,embodied in such aspects: first, in preparation for the auction review mechanism isnot sound, the auction and the high cost of the auction period, problems such asunclear; In the auction implementation stage, there are implementation problems suchas single subject is not scientific, auction; Whether on the effectiveness of theexecution auction, the auctioneer has the right of claim for guaranteeing thedrawbacks and the burden of property rights of the subject matter on how to deal withthe is and the rights and interests of the parties related to the judicial practiceproblems. In short, China’s current law and relevant judicial explanation was not atthe legal effect to auction special circumstances make that clear, and the resultingrelated disputes in judicial practice.The fourth chapter for the perfection of the civil execution auction system path.This paper argues that the improvement of the system of civil execution auction canfrom such points: first, should establish the subject status the implementation of thecivil enforcement agencies; Secondly, set up the mechanism of multiple quotes,execute the auction in rich choice of the parties; Again, establish the public noticeexcept authority system to ensure execution of the legal validity of auction hasstability, and urged obligee exercise their rights in time; Finally, perfect to the thirdparty or other obligee’s welfare system, safeguard the legitimate rights and interests.