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Execution of Civil compulsory auction law

Author: WangLin
Tutor: QiuXingMei
School: China University of Political Science
Course: Procedural Law
Keywords: Mandatory auction Special Auction Tendering system Disposition Terms of the auction
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 246
Quote: 0
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Abstract


Our mandatory auction system in 1991, \Also determines the forced auction due to the forced auction of particularity, the specific implementation for the importance of the claims of creditors and protect the interests of the debtor. Modification of the 2007 Civil Procedure Law and Property Law \In this paper, the status of mandatory auction system in China, specific analysis of the lack of mandatory auction system, introduced compulsory auction of the relevant provisions of other countries, and focus on the Taiwan region \\In this article, the author first introduced the concept of a compulsory auction. Again, through the analysis of the mandatory nature of auction three theories: Public Law said, private law and compromise, and compromise on the basis of the author's point of view and the reasons for specific analysis of private law. Chapter II of this article, the author analyzes the forced auction pre-program - seizure of the seized property in the program and prohibit the seizure of property, and specifically addressed the issue of protection of the interests of third parties in the seizure process. The third chapter by the specific introduction of compulsory auction procedure, combined with the Taiwan region \Chapter IV on the basis of the first three chapters, certainly in Taiwan, China \the specific application of the concept. The last chapter on the basis of the above analysis, I explain in detail specific recommendations to improve our existing compulsory auction: First, it should be compulsory auction process to strengthen the right to dispose of the parties; Second, we should strengthen the compulsory auction procedure protection of the interests of the trio; Third, the terms of the auction-based, commissioned by auction, supplemented by the auction mechanism; fourth, improving the warranty responsibility of the auction objects; Fifth, strengthen the responsibility of the court in the forced auction; Finally, the development of specialized to enforce the law.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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