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新民事诉讼法实施以来,人民法院依法拍卖被执行人的财产的情况越来越多,这是人民法院在审判实践中遇到的新课题,笔者调查了某县法院在执行案件中拍卖被执行人财产时遇到的问题,现就此类问题谈谈个人见解,意在完善拍卖法律制度。 一、拍卖权是否属于处分权,由谁来行使 《民事诉讼法》第二百二十六条规定:“财产被查封,扣押后。执行员应当责令被执行人在指定期间履行法律文书确定的义务。被执行人逾期不履行的,人民法院可以按照规定交有关单位拍卖或者变卖被查封、扣押的财产。国家禁止自由买卖的物品,交有关单位按照国家规定的价值收购”。对拍卖权是否属于处分权的问题,存在不同看法。拍卖是一种公开竞争出价而定价金的方式。拍卖权是一种特殊的处分权,即特殊的买卖方式,其特点是: 1.非财产所有人依照法律规定或者受托将财产卖给出价最高的买主。
Since the implementation of the new Code of Civil Procedure, the people’s court has auctioned the property of the enforced people in accordance with the law more and more. This is a new issue encountered by the people’s court in trial practice. The author investigated the execution of the auction in a county court in the execution of the case Personnel property problems encountered, talk about personal opinions on such issues, is intended to improve the auction legal system. Whether the auction right belongs to the right to dispose, who will exercise Article 226 of the Code of Civil Procedure stipulates: "After the property has been seized and detained, the executor shall order the executed party to fulfill the obligations stipulated in the legal documents during the designated period If the enforced party fails to perform its duties within the prescribed time limit, the people ’s court may, in accordance with the relevant provisions, auction or sells the seized and seized property, and the articles prohibited by the state from freely trading shall be handed over to the relevant units for acquisition according to the value stipulated by the state. There are different opinions on whether the auction right belongs to the right of disposition. An auction is a way of pricing a price competitively. The right to auction is a special right to dispose of, that is, the special way of buying and selling, which is characterized by: 1. Non-property owner in accordance with the law or entrusted to sell the property to the highest bidder buyers.