Legislation And Practical Analysis Of Real Estate Auctions In Civil Enforcement

As the preferred way of converting into cash, the function of auction is to realize the greatest value of the real estate, repaying the debt with the property. However, the realization of its function is not easy due to the great value, difficulty in division, easy segregation in ownership, multiple rights burden and complex legal relationship. In addition, the imperfect current legislation and lack of adequate legal basis and institutional support lead to the problems of the auction procedure in real estate. Based on the judicial auction procedure of the real estate, this article will analyze the reasons of the outstanding problems existed in specific process and put forward corresponding solving measures and perfect suggestions, in order to perfect the real estate judicial auction system.By collecting cases and analysis, the author found that the rate of fail auction in real estate is very high. And in practice, the ownership separation of real estate auction is common. Due to the lack of relevant laws, the solutions are in a mess. Similarly, because of the ambiguity of legal provisions and big flexibility, the parties have different opinions on the overweight sequestration in real estate auction, leading to the auction disputes. At the same time, the headlock of preferential claim court and first sequestration court has been widely criticized. Despite the latest judicial interpretation carried out a detailed regulation,but because of the limitations of the "reply" itself, a lot of problems are not solved. In the auction procedure of real estate, the existence of these problems not only affect the process of progress and end, damage the rights and interests of the parties, but also eventually harm the authority of the law, reduce the public trust of justice.Therefore, this paper argues that the real estate being converted into cash should be based on auctions as the main way that previous judicial auction system adhered to, using the experience and innovation of different courts in judicial practices for reference, to perfect the relevant legal provisions and targeted solve the problems existing in the practice, to build up the real estate auction system that accords to fact and can solve specific controversial issues.