Abstract：The circumstances leading to the invalidity of judicial compulsory auction have yet to be clearly stipulated in current law of China.In legal practice, the tendency is to extend the scope of invalidity in compulsory enforcement.There is a wide divergence in opinions of scholars with regards to the matter.Considering the nature of compulsory auction and the consequences of deciding such auction as invalid, we shall reflect on three aspects in order to specify circumstances leading to the invalidity.Firstly, the criteria of whether civil juristic acts are effective shall not be applied to compulsory auction; secondly, the circumstances leading to the invalidity shall be strictly limited; thirdly, the defect which can be corrected by executive remedy system shall be excluded from the circumstances leading to the invalidity.“Significant and obvious defect”shall be the standard of establishing the invalidity of compulsory auction.In accordance with the reality of China, the legal circumstances leading to invalidity of compulsory auction shall be confined to four conditions as follows：where basis of enforcement is inexistent; where items of auction are not seized or the seizure is invalid; where bidders are not legally qualified for auction; where items of auction are forbidden to circulate.
卢正敏. 论法院强制拍卖无效的事由[J]. 法学家, 2019, 0(1): 112-123.
LU Zheng-Min. On the Circumstances Leading to the Invalidity of Judicial Compulsory Auction. , 2019, (1): 112-123.
2019, 
