On The Protection Of The Buyer’s Rights In Judicial Auction

Judicial auction is a way of public bidding led by the people’s court to transfer the auction object to the highest bidder.Judicial auction is a necessary link in the execution of monetary claims for the disposal of non monetary enforcement objects.It is a relatively perfect execution measure and the most common way of price change.Based on the analysis of the existing theory and practice,this paper concludes that the judicial auction in China has the public law,the characteristics of judicial auction compared with commercial auction,and the legal status of the buyer.Based on the existing laws,judicial interpretations,judicial documents and the guidance of some provincial higher people’s courts on the implementation of judicial auctions,the author concludes that the buyer has the right to obtain auction information,fair bidding,safe trading and the right to obtain auction objects.In the practice of judicial auction,the infringement of the buyer’s rights in the judicial auction is mainly manifested in the following aspects:insufficient information disclosure of the auction object,infringement of the preemptive right,excessive taxes and fees borne by the buyer,and difficulty in delivering the auction object on time and in quality.The infringement of the fair bidding right is mainly manifested in the inadequate notice to the preemptive right owner,abuse and fraudulent use of the preemptive right by other bidders As for the right of purchase,the court mishandled the priority of the right of purchase.In view of the infringement of the buyer’s rights,this paper analyzes the reasons,mainly including:the imperfection of the legal norms,the excessive autonomy of the court to release the auction information,the imperfection of the external supervision system of the judicial auction,and the unimpeded way of the buyer’s rights relief.Therefore,the article puts forward some targeted measures,mainly including:first,improve the relevant provisions of the law and judicial interpretation on judicial auction,including the relevant provisions on the priority of the right to purchase,the relevant provisions on the effectiveness of leasing,and the provisions on the delivery period of auction goods;second,establish a mandatory system for key information of auction goods;third,improve the judicial auction of procuratorial organs Fourth,improve the buyer’s right relief way.