民事执行中评估拍卖程序违法效力探究——从某股权拍卖及某不动产拍卖两案为视角出发.pdfVIP

Abstract This paper consists of three parts, going as follows. Part I, one case is proposed as to put forward to the issue of procedural illegality of assessment and auction in civil execution. Via the analysis of this case, specific status of procedural illegality in this case and the right resolution are obtained. Part II, Via the analysis of properties of act of execution and executive power, and the analysis of the setting of execution and the distribution of power, and the analysis of the of Supervision and relief of execution, the conclusion that the problem of the setting of execution and the distribution of power is the root cause of the procedural illegality of assessment and auction in civil execution is obtained. Based on this conclusion, this part makes a further research on the specific constitutive requirement of the procedural illegality of assessment and auction,and how to avoid the procedural illegality of assessment and auction,from the aspects of system and operation. At the end of this part, the validity and legal effect of the procedural illegality of assessment and auction are investigated. Part III, another case is proposed as to study on the issue that if the overdue of the report of assessment leads to the invalid of auction, and of the conflict between the court of the first sequestrate and the court of the credit priority, and of partial auction and integral auction,and of the tax in real estate auction. And then, this part analyze the reason why these issue form and put forward to the proposals and solutions. Keywords: Civil execution；Assessment and auction ；Procedural illegality ；Issue 目 录 引 言 1 一