Research On The Legal Protection System Of Buyers' Rights In Judicial Auction

Judicial "difficulties in execution" has always been a difficult problem that cannot be circumvented by the judicial community in China,and it is also a problem that we must face to solve.Among them,there is a long-standing saying in the judicial execution that "it is difficult to enforce the judicial system,it is difficult to implement,and it is difficult to perform,and it is difficult to conduct a judicial auction." Judicial auction involves a large number of legal relations subjects,among which there are buyers.Since the buyer is a “weak” subject in the auction,there is an urgent need for attention.Starting from the basic concept of the buyer,the article focuses on the analysis of the legal provisions such as the Litigation Law,the Auction Law and the Auction Regulations,and finds and summarizes the basic rights that the buyer should enjoy in the judicial auction.This is a reference and comparison for the rights violations suffered by the buyer in the judicial auction practice and the existing institutional defects,thus finding that the buyer's rights protection needs to be improved.Then it elaborates on the shortcomings in the protection of the rights of buyers.First of all,the problems in judicial auction practice are: the implementation of judicial auction property is difficult,the non-uniform purchase restriction policy in judicial auctions everywhere,the public information of judicial network bidding is blurred.The court mistakes the third-person property,and then the buyer's rights guarantee is insufficient in the current procedural legal system.The buyer's current remedy system is imperfect,the target property guarantee claim is not clear,and the target risk transfer burden is not standardized.Unite.By discovering these problems,we can make suggestions in a targeted manner to improve the legal protection system for buyers' rights in judicial auctions in China.The main proposal is to formulate a compulsory auction method,cite the “point-to-right holder system” in Taiwan,and strictly open the auction.Information disclosure,improvement of the guarantee responsibility of the auction,the application of the State Compensation Law,and improvement of the buyer's relief channels.