Study On The Judicial Auction System In China

Judicial execution as an important way to change the price in enforcement procedures, occupya very important part in our country’s Execution System.Implementation of the judicial auction system is significant to establish the judicial authority andenhance the Judicial credibility. In practice, however, the lack of relevant legal provisions and judicial auction theoretical research are not in-depth,resulting in further judicial auction unsatisfactory operation.Commission auction not only failed to achieve the desired effect of strengthening the supervision of the court auction behavior, but courts and auction companies joint to power rent-seeking, judicial corruption become very serious.In addition to this, auction companies charged high commission, the auction information disclosure level is not high and maliciously colluding bidders, are making our judicial auction system faces numerous difficulties, social evaluation is not high. Thus, the demand for reform of the judicial auction system rising. With the development of network technology, all over the court and began to explore the reform of the judicial auction, to balance the relationship between the constituent entities of judicial sale by judicial auction through a multi-subject, and use of network technology to regulate the judicial auction, through institutional and technical support, or change the original traditional principal mode of operation for auction, or introducethethird-party platform to isolatecourt and auction companies link, or be auctioned on the network platform, forming a typical of Shanghai, Chongqing and Zhejiang pattern mode, a big change about judicial auction is booming. Practice change also contributed to the legislative change. From February 4, 2015, implementation of the "Supreme People’s Court on the application of People’s Republic of China Civil Procedure Law" explanation "Article 488 expressly provides that the court can do auction by their own, not only affirmed the commission auction necessarily, and confirmed the legitimacy of the judicial auction Taobao network in "Zhejiang mode". What is the crux of our judicial auctionsystem? How much benefit does the change to the legal operation of the judicial auction system.How is the future trend of China’s judicial auction under this change? These are the questions we need to study.Based on study of the various judicial auction mode judicial under the reform wave, based on the evolution process of judicial auction system, this thesis will analysis the plight of the judicial auction system crux, combined with judicial status and empirical study on China’s current judicial reform mode,Finally, from the perspective of improve the people’s court litigation assets net platform, promote the entrusted agency and network auction common development, improve the judicial auction rules, strengthen the judicial auction supervision and improve the judicial auction, the author bring forward an opinion to deepening the reform of thejudicial auction, providing a path to guide the selection of future judicial auction system mode.The first part is an overview of the judicial auction system. First is to definite the judicial auction meaning, and secondly, to explore the nature of judicial auction, analyze each theory about the nature of the judicial auction and Put forward the author’s understanding on this basis. Finally, comb type of judicial auction and pave the way for later different judicial auction models.The second part describes the evolution of our judicial system and the analysis of the plight of the auction and the reason why judicial auction system is in dilemma. Recalling the evolution of the system from the perspective of the historical development and practical course of judicial auctions, described the current situation and the plight of the judicial auction system in our judicial practice, finally, analyze the cause of this current situation.The third part is toanalyzethe advantages and disadvantages of Zhejiang model, Chongqing model and Shanghai model, and combined with field visit to explain the practical effect of these three modes of implementation.On this basis, the fourth part is a comparative study of these three models to explore the similarities and differences between these three modes of nature, and in-depth analysis of the defect on the judicial auction’s drawback, pave the way for relevant recommendations about judicial auction reform.The fifth part is to deepen the thinking of the reform of judicial auction, analysis and comparison of the various modes, from the perspective of improve the people’s court litigation assets net platform, promote the entrusted agency and network auction common development, improve the judicial auction rules, strengthen the judicial auction supervision and improve the judicial auction,put forward some suggestions to improve our judicial auction system, in order to revive the credibility of the judicial auction.