Research On Perfection Of Institution Of Civil Execution Auction In Our Country

This thesis from an angle of empirical analysis, conducts a profound and systematic study on the issue of judicial auction of civil execution procedure. On the base of a special analysis to Shanghai judicial auction mode, Chongqing judicial auction model and Taobao judicial auction model, the author summarizes the present key issues and dilemmas in this subject. At the last part of the thesis, the author tries to propose some ideas and advices to perfect our state’s judicial auction system of civil execution procedure. The thesis consists of three parts, namely, preface, main body, and conclusion, the main body is composed of three chapters.The preface introduces the background, significance and research methods of the topic.Chapter I deals with the reviewing and analyzing to the judicial auction in our civil laws, traces the origination of our judicial auction system of civil execution procedure,which reveals that our state has not pay due attention to the judicial auction system for a long time, which in some degree causes the uncertain nature of the rules of judicial auction, low transaction rate, and judicial corruption etc.Chapter II discusses some models formed in the reforming of judicial auction system in several People’s Courts. Through the basic introduction, the comparison and the result analysis of Shanghai mode, Chongqing model and Taobao model, the thesis aims to sum up some mutual problems therein.Chapter III proposes some ideas and advices to reform and perfect our state’s judicial auction system of civil execution procedure. The author holds the first step is to complete the legislation task in the judicial auction system, clarifying the nature of and improving the rules in the judicial auction system; then we should introduce the procedure for publicizing notice for assertion of claimsand compulsory management system, further increasing the transaction rate, effectively protecting the interests of creditors; furthermore,we should enhance the relief system and supervising system in order to safeguard the legitimate interests of the parties to the auction, and cut off any judicial corruption therein.The conclusion summarizes the opinion of the whole text.