Research On The Online Auction For Civil Enforcement Measures

Online auction for civil enforcement measures is a measure of forced dispositionthat the people’s court use network technology to sell the debtor’s property which isalready sealed，seized，or frozen by auction for paying off the debt through networkplatform on its own initiative when the debtor fails to carry out obligations within thetime limit in the civil enforcement procedure．In essence，it is an act of forceddisposition in public law which aim at realization of creditors’ rights．It is differentfrom both ordinary online auction and commission auction for civil enforcementmeasures．The necessity of this auction reflected in two aspects，on the one hand，the auction for civil enforcement measures is crying out for reform that there aredrawbacks such as high-level corruption，low-level repayment rate，inefficiency，aconfused relationship of parts in commission auction which is the main form of it；onthe other hand，there are advantages such as it can strengthen the debt paying abilityof the debtor，improve efficiency and diminishes corruption if we take the power ofnetwork to reform the auction for civil enforcement measures．The feasibility of thisauction reflected in four aspects，firstly，the Law of Civil Procedure provides legalsupport；Secondly，the rapid development of Internet provides technical support；thirdly，the attempt of judicial practice provides empirical support；finally，the callingfor justice for the people provides public opinion support．According to the investigation of online auction in August2013for civilenforcement measures on the platform which provide by Taobao net for judicialauction， there are obvious advantages in the effect， efficiency and justice ofauction．But there are also some problems such as the scope of the subject matter isunclear，the relationship between the parts is unknown，the legal effect of the auctionis fuzzy as well as the lack of procedural rules．For the perfection of online auctionfor civil enforcement measures，it is necessary to set up the procedural and entityrules．In terms of procedural rules：definite the application scope of the auction，clarify the relationship between the parts，confirm the legal effect of the auction，make it sure that the buyer can neither claim for defect guarantee nor security fordefects of rights．In terms of entity rules：first of all，set up rules to deal with networkanomaly，including declaration and treatment rules；moreover，set up supervision rulesfor online auction，including rules that aim at forbidding the people who knows theinside information to take part in the auction，rules for field survey as well as rules for the supervision of margin；at last，perfect the system of opening information，including the information of period which isn’t the first time of auction，withdrawingauction and stopping auction．...