Reform Of The Judicial Auction System Research In China

The judicial auction as base measures appropriate to the priority of the court execution work, directly related to the vital interests of the parties, the problems that exist in the judicial auctions such as power rent-seeking, improper interests transmission, malicious competition to a large extent affects the credibility of our country’s judicial. Over the years, the judicial auction as a "world a difficult", under the circumstances of the judicial reform, judicial reform of the auction, in order to solve the problems existing in the enforcement and judicial auction, there appeared the reform "Shanghai court judicial auction", "chongqing court judicial auction" "zhejiang court judicial auction" and other influential attempts. Shanghai, chongqing, zhejiang’s reform of the judicial auction to try all different levels on the Internet is introduced in the judicial auction process, try their best to remove artificial manipulation, strive to judicial auction more fair, just and open. At present, the reform has achieved certain success, one of the hottest "zhejiang court judicial auction" is introducing the Internet using a try, the most fully by the court establishing judicial auction on the Internet auction website directly, its practices are emulated. The completely abandon trust auction is being examined, the author, from the perspective of the system of judicial auction law of the disadvantages of the auction system around and try to analysis comparison, proposed to the traditional judicial auction and Internet auction for complementary advantages, improve the system of judicial auction, the smooth channel for civil enforcement in China.This article is divided into four parts, the first part is the overview of judicial auction system in our country, the regulations on judicial auction in civil procedural law and judicial auction generalizes the specialized judicial interpretation, and summarized the characteristics of judicial auction system in China; The second part, the author first analyzes the insufficiency of judicial auction system, and then separately from the court, auction agencies and judicial auction bidders three Angle to our country existing disadvantages were analyzed; The third part, the author first judicial auction system reform in China in general are expounded, and the reform of the judicial auction is more influential in Shanghai, chongqing, zhejiang compared three district court judicial auction, zhejiang judicial court network auction imitated by multiple sites across the country, the author illustrates this situation. The fourth part the author on the basis of the judicial auction system ought to be state, set the target for reform, respectively from the court, auction agencies, bidder three angles for the ideal of judicial auction system for building and puts forward corresponding suggestions. Because the network is introduced into the judicial reform around the auction to make joint efforts, therefore, the author finally a detailed analysis to the introduction of the Internet auction the advantages and disadvantages of the judicial, finally gives some suggestions on the introduction of the Internet system, aiming at our national judicial system reform to provide some useful suggestions.