The Research Of Judicial Auction Invalid

Judicial auction as a price change measure,has an extremely important position in the execution of the program.Judicial auction procedure involving multiple parties,there will always be inevitable subjective and objective factors that lead to defect in the program.There is a strained relations between the conflict of interest caused by the program and the stability of the auction process,which led to the question of the effectiveness of judicial auction.Because China's judicial auction system started late,the current law only provides for revocable judicial auctions.According to the judging criteria for the effectiveness of civil and administrative actions,all include: effective,invalid,revocable.“The right to revoke is based on the existence of effective behavior,this is essentially different from invalid behavior”.For judicial auction,not all defect auctions are revocable judicial auctions,for the existence of major procedures defect,just cause the auction can not take effect,it should be a judicial auction that is invalid from the beginning,do not need to revoke it to make it ineffective,this is also the reason for this study.Invalid and revoked results are not identical,before the set of judicial auction is invalid,must be fully considered,otherwise it will disturb the stability and authority of the execution behavior.Based on this,this paper studies the invalidity of judicial auction from three levels: The first level,determine the criteria for the cause of the invalid judicial auction and the specific invalid reasons,thereby eliminating the expansion of the scope of recognition;The second level,by drawing on the rules for determining the effectiveness of judicial auctions outside the domain,improve the current procedures in China;The third level,thinking about the consequences of invalid judicial auction and protection of interests by various rights subjects,thereby protecting their interests.