| The judicial auction online is a new mode, rising in response to the rapid development of internet technology, the boom of online trading platform and the rising voice of judicial reform. It introduces in the internet medium equipped with the information released by the auctioneers, the bidders bids, and the buyers paying the price as a virtual technology platform to realize the new mode of the judicial auction. The judicial auction online has the advantage of reducing the auction costs, achieving the maximization of the parties’interests, curbing judicial corruption and boosting the reform of judicial auction and so on. But the judicial auction online as one of the "Internet Plus Era" relying on the Internet platform and the rise of new things, still faces many defects of theory system and procedure operation in the process of judicial development and reform. And in the judicial practice, there are still many disadvantages, such as lacking of relevant legislation, the vacancy of supervision subject, the incomplete of responsibility mechanism and the unsafe of online trading environment. In view of this, this paper will further investigate the legal supervision of the judicial auction online inquiry by starting from the status of China’s judicial auction online and analyzing the advantages and disadvantages of existing judicial auction online.This paper is divided into four parts:The first part is analysis on China’s judicial auction online system, elaborated our country judicial auction background and development process, has been clear about the China’s judicial auction online is in trading network rapid development and reform of judicial auction of advance in the process of gradually developed, and to further elucidate the network in our country judicial auction features demonstrated in the development process, such as participants, auction rules and the particularity of the auction process of risk.In the second part, through comparing the traditional judicial auction with the judicial auction online, the advantage of the judicial auction online in our country is summarized. Respectively is to lower the cost of judicial resources to save; expand the scope of the audience to achieve the interests of the parties; improve the transparency of the auction to curb the momentum of judicial corruption. Judicial auction online by virtue of its advantages in the process of judicial reform has played a role in helping to further enhance the credibility of the judiciary.The third part of our country judicial auction online defect artificial concrete analysis, separately elaborated the our country judicial auction online legislation lags behind, and the local court is a school lack of the unification of the law to give guidance; online auction of judicial supervision main body vacancy, sharing network judicial take to sell the responsibility mechanism is not perfect; judicial auction online is vulnerable to the impact of network risk, judicial auction platform network technical loopholes and credit system of incomplete lead to online fraud occur frequently, information integration degree is low also cause the judicial auction online data link fault, influences the efficiency of judicial auction online.The fourth part is mainly the loopholes and defects mentioned in the third chapter of our country judicial auction online system and put forward the improvement suggestions, namely from formulating unified guidance rules, making the judicial auction online rules, perfect the electronic signature law and enforce the law and other relevant legislation; supervision mechanism and responsibility mechanism to improve the judicial auction online, clear division, and court duties change supervision model to further play the role of government, strengthen the supervision and evaluation mechanism of precipitation funds, strengthen law enforcement team construction in hardware and software; improve the network security index judicial auction online process, increase the construction technology support network platform security, focus on improving network cooperation fraud discrimination, perfect judicial auction online data chain. Aiming at the perfection of our system of judicial auction online, and standard judicial auction online program behavior to ensure the rights and interests of the participants of the online auction judicial, boost China’s reform of judicial auction process, our country judicial auction online market create a transparent, healthy, stable and fair environment. |
