船舶司法拍卖的性质及法律规制.pdfVIP

Abstract Because of the recession of shipping economy, the dispute about ships is now increasing a lot. The debtors are unable to repay the debt and the cases about judicial auctions of ships increasing day by day. The judicial auction of ships which is a special kind of business for maritime courts and higher courts is now paid close attention to much people. I always go through the judicial auctions of ships in the judicial auxiliary department in the maritime court. Now in our country we have relational law and regulation, but it is still incomplete. In result of the incomplete law and regulation, the courts do it unlike each other. For this purpose, I will try to study the feature and the problem in some procedure about the judicial auctions and how to perfect the legal in order to have some meaning for judge business in future. The paper is divided into four parts. The full text structure as follow: The first part introduces the concept and feature of shipping judicial auctions. It includes judicial auctions during the lawsuit and execution. And we can get the feature of shipping judicial auctions with coerciveness, openness, legality, procedure by comparing with random auction. The second part introduce three kinds of opinions about shipping judicial auctions in the academics world and which one is my opinion. The third part introduces the international treaties and civil regulations about judicial auctions and analyses the regulation application in judicial auctions of ships. The forth part mainly introduces the parts of procedure which are taken up by ju