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司法拍卖,又可称为强制拍卖,指的是法院在执行程序中,为了实现申请执行人的债权,对被执行人(或担保人)所有的已被法院查封、扣押、冻结的财产,依法定程序实施公开拍卖,以获得价款抵偿债务的处分性执行措施。本文在指出我国司法拍卖制度缺陷的基础上,就该制度的重构提出了相关建议,以期对我国司法拍卖制度的完善有所助益。
Judicial auction, also known as forced auction, refers to the court in the implementation process, in order to fulfill the creditor’s rights of the applying executors, the property of the executed (or guarantor) has been seized, seized, frozen by the court, according to law Procedures for the implementation of public auction, in order to obtain the payment of debt to deal with the implementation of sanctions measures. On the basis of pointing out the defect of the system of judicial auction in our country, this article puts forward some suggestions on the reconstruction of this system in order to be helpful to the perfection of judicial auction system in our country.