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司法实践中,涉讼财产通常是通过变卖手段来处置的。当然,也有少量是通过拍卖的。笔者认为,后者手段更应引起司法界的重视。我国《民事诉讼法》第223条规定:人民法院有权拍卖被执行人应当履行义务部分的财产。该法首次以立法形式赋予人民法院运用拍卖手段处置涉讼财产的权力。人民法院所处置的涉讼财产,主要指在刑事、民事、经济等诉讼过程中所涉及的应当处置的财产。这些财产在不同性质的诉讼中,其表现形式各不相同。
In judicial practice, litigation property is usually disposed of through sale. Of course, there is a small amount through the auction. The author believes that the latter means should arouse the attention of the judiciary. Article 223 of China's Civil Procedure Law stipulates that the people's court shall have the right to auction the property where the obligor shall perform the obligations. For the first time, the law gives the people's court the power to dispose of the litigation property through auction. The litigation property disposed by the people's court mainly refers to the property that should be disposed of in criminal, civil and economic proceedings. These properties have different manifestations in different kinds of litigation.