The Research On The Auction Revocation Right In Civil Execution

The auction revocation right in civil execution is a special civil executive relief that the parties and interested parties have the right to request the court to revoke the flaw action in the civil execution for others serious violation of auction procedure and the damage to their interests during the auction. It is the extension of the right of revocation in civil execution auction field, which is neither the right of claim nor compromise, but to the right of formation. Its justice establishes on the public law action of the civil execution auction, the necessary to protect the individual interests, the trend for the party doctrine litigant mode as well as the need to ensure judicial public faith force. The auction revocation right in civil execution has established for a short time, and it also has many deficiencies. From the sight of legislation, auction revocation right has many problems when compared with the better system of civil execution auction and the right of revocation. For example, the legislative level is not high, the main exercise of the right is unclear, the rule of the scheduled period is not certain and the legal effects that the auction revocation right exercised also still be irregular. Even the system design neglect the security about the third party interests. From an operational perspective of judicial practice, the main perplexities involve many aspects. Including that the enforcement scope is uncertain, the review subject haven't be implemented, the exercise procedure is limited and the lack of damage relief system after the exercise of auction revocation right. Therefore, we need to build and improve the auction revocation right in civil execution from the substantive and procedural protection mechanisms. From the aspect of substantive protection mechanism, we could take the following measures, such as to uniform the main exercise of the auction revocation right, to expand the enforcement scope o f the right and to regulate the legal effects and so on. And from the point of procedural protection mechanism, we ought to ensure the starting procedure about the auction revocation right and introduce the system of administrative judge. Meanwhile, it is also important to guarantee the procedure option of the person with the revocation right and perfect the relief system for the third party acting in good faith and the person whose interests suffered. At the same time, it is necessary to set up corresponding guarantee mechanism and improve the expense system to prevent the abuse of the auction revocation right. Finally, the paper aims to build a linkage mechanism with substantive and procedural protection as well as the support policies for specifying the operation of the auction revocation right in civil execution.