| 英文摘要 |
Despite the numerous discrepant views on the nature of compulsory enforcement auctions, the traditional judicial practice in adjudicating such cases has always been to adopt the theory of private law. According to Ruling No. Caizi 140 made by the Supreme Administrative Court in 2020, auctions are to be carried out as administrative acts, since public law seems to ignore the mutatis mutandis compulsory execution method of an administrative execution, and since it’s not suitable to have discrepant assumptions about auctions；moreover, public law lacks the speed and effectiveness of a motion of objection, and can be regarded as a“special opinion”；the subsequent impact of this ruling remains to be seen. In fact, there is practically no cogent interpretation of the exact nature of administrative auctions. Simply going back to the compulsory enforcement laws and the related regulations, and re-examining the auction procedures, paying special attention to the extent to which they differ from other commercial activities, it can be seen that auctions should be regarded as a special commercial relationship falling under the purview of private law, such that any disputes which may arise can be handled in accordance with compulsory enforcement laws and related civil substantive laws. |
