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Research On The Judicial Auction System Of Civil Enforcement In My Country

Posted on:2021-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:M TaoFull Text:PDF
GTID:2516306455478124Subject:Law
Abstract/Summary:PDF Full Text Request
Our civil execution auction system is involved in the field of civil judicial enforcement,essentially in order to achieve the legitimate rights and interests of creditors and set was established.the civil execution auction as the important base of civil execution procedure justice measures to solve the civil economic disputes provides more opportunities.system of civil execution in our country judicial auction historical roots,as The Times change and change constantly,the gamut from dominance to auction to auction and trust auction by now double-track system,auction and trust auction is the civil execution by judicial auction way of two main types of auctions.auction by executive main body mainly is the people's court,the auction is beneficial to enforcement authorities unified deployment enforcement process,but the drawback is that will occur when executing court have dominant control power judicial corruption.to curb their own auction of judicial corruption,entrust auction arises at the historic moment.trust auction is the execution organ entrusted auction institutions or the third party trading platform to implement the judicial auction behavior,can effectively cut off court internal corruption,but due to institutional defect,the emergence of trust auction also creates another chain of corruption,collusion between court and auction institution rent-seeking.civil enforcing judicial corruption greatly reduces the judicial credibility of the auction,the serious influence people to objective evaluation of the judicial auction,curb judicial corruption auction is the need to actively deal with matters.the advent of the era of the Internet for civil enforcing judicial auction provides a new direction,and judicial auction network model and the integration of auction,entrust auction,the judicial sale network also gradually rolled out throughout the country.online auction is the people's court judicial service through the network platform to release an auction notice,bidder public bidding mode,the auction process open and transparent,effectively reducing the occurrence of the judicial corruption auction,now also greatly increases the judicial auction closing.civil enforcing judicial auction clinch a deal the result involves the relationship between judicial auction law and judicial auction validity problem,when the auctioneer and judicial auction bidders after the auction contract is legal relationship,the severability judicial auction if present,will further influence the auction effect.at the same time,the civil implementation of the judicial auction severability also has created a series of trouble,systems and procedures in solving difficulties,our country also issued relevant laws and regulations and judicial interpretations,but ultimately no comprehensive unified special law,which is one of the roots of civil enforcing judicial auction system defects.therefore,the improvement of the system of civil enforcing judicial auction also need to be tested more.This paper combined with the auction and trust auction the two in-depth analysis our country civil enforcing judicial justice auction auction in the concrete practice of the various regions and change pattern,on the basis of combing network judicial auction for the civil execution auction to make innovations and produced a new round of the problem to be solved.combining case analysis the effectiveness of the civil execution judicial auction identified problems,with outside civil enforcing judicial auction system for reference,the narrative to be inspired.finally embarks from the system and the practice,in order to promote the development of civil enforcing judicial auction system,strengthen supervision and puts forward relevant suggestion to improve the judicial credibility,for the future development of our country's judicial auction system provides the path to guide,to our country civil enforcing judicial auction more fair,open and fair.
Keywords/Search Tags:civil execution, the judicial auction, change, trust auction
PDF Full Text Request
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