On The Procedural Illegality Of Assessment And Auction In Civil Execution

This paper consists of three parts, going as follows.Part I, one case is proposed as to put forward to the issue of procedural illegality ofassessment and auction in civil execution. Via the analysis of this case, specific status ofprocedural illegality in this case and the right resolution are obtained.Part II, Via the analysis of properties of act of execution and executive power, and theanalysis of the setting of execution and the distribution of power, and the analysis of the ofSupervision and relief of execution, the conclusion that the problem of the setting ofexecution and the distribution of power is the root cause of the procedural illegality ofassessment and auction in civil execution is obtained. Based on this conclusion, this partmakes a further research on the specific constitutive requirement of the procedural illegalityof assessment and auction,and how to avoid the procedural illegality of assessment andauction,from the aspects of system and operation. At the end of this part, the validity and legaleffect of the procedural illegality of assessment and auction are investigated.Part III, another case is proposed as to study on the issue that if the overdue of the reportof assessment leads to the invalid of auction, and of the conflict between the court of the firstsequestrate and the court of the credit priority, and of partial auction and integral auction,andof the tax in real estate auction. And then, this part analyze the reason why these issue formand put forward to the proposals and solutions.