On the Perfecting of the Procedure of Execution of Auction by Civil Law
Song Han-lin
Abstract
Song Han-lin
Abstract
As an important measure of the execution by civil law,the execution of auction aims at powers conditioning each other,right relieve,benefit balance and shows the independent value of procedure such as justice,benefit,order and liberty.The judicial document of the Supreme People's Court has detailed provisions about the auction assessment,to determine the reserve price and the auction notice etc.There are some problems of the practices of the execution of auction.In order to perfect the procedure of the enforcement of the auction,the buy people's qualifications and the subject matter of the execution of auction should be restricted;the appraising cost ought to be determined by the auction price;the specific procedures in entrusting appraising and reserving price should be clear;auction can be carried out after the public exigency when the main person and other interested persons are absent;electronic auction should be encouraged;forcible management system ought to be set up after selling the real property or the failure of the auction and so on.
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As an important measure of the execution by civil law,the execution of auction aims at powers conditioning each other,right relieve,benefit balance and shows the independent value of procedure such as justice,benefit,order and liberty.The judicial document of the Supreme People's Court has detailed provisions about the auction assessment,to determine the reserve price and the auction notice etc.There are some problems of the practices of the execution of auction.In order to perfect the procedure of the enforcement of the auction,the buy people's qualifications and the subject matter of the execution of auction should be restricted;the appraising cost ought to be determined by the auction price;the specific procedures in entrusting appraising and reserving price should be clear;auction can be carried out after the public exigency when the main person and other interested persons are absent;electronic auction should be encouraged;forcible management system ought to be set up after selling the real property or the failure of the auction and so on.
Key concepts: Reverse auction, Order (exchange), Business, Supreme court, Law, Computer science, Microeconomics, Economics