On The Relief Of Judicial Auction

The judicial auction, it is to point to in the execution procedures, the people's court for execution has been sealing up, distraining, freezing mark, in accordance with legal procedures, organize or entrust auction institution, transferred to the highest bidding price in the form of public bidding, and proceeds to counter the dispose of the debt enforcement measures. Judicial auction practice in our country, for the drawbacks of court auction and auction error third person property cases, processing standards are not unified. Both practice of maintaining the auction validity, but also that the auction invalid or revoked the auction of the case, no unified standard, jeopardizing the interests of the third person or buyer respectively the letters and petitions for different reasons. How to execute a program for the parties to provide full right remedy, still is our country judicial auction system should be further explore and improve the problem. Our national judicial cases and theory were introduced in this paper studies the status quo, analysis of the main countries and regions of the world about the judicial relief auction system, emphatically analyzed the effectiveness of the judicial auction, put forward the way to our national judicial relief and perfect the system construction, and expounds the judicial relief auction in appropriate content research the significance of building up the legislation of our country and the rule of law in China.