Research On Network Judicial Auction In The Information Age Of China

Regulation of Civil Suit Law on The People's Court shall consign the property which was sealed up, distrained to a relevant unit for auction or sale by itself,provides diversified ways for The Court to promote the reformation of judicial auction,further, Regulation of Interpretation of Civil Suit Law concerning The People's Court shall organize public auction by itself or consign the property to qualified institutions for auction, fills the legal substratum gap of that The Court shall initiate network auction .This thesis cut in the definition and characteristics of judicial network auction compared the similarities and differences between judicial network auction, traditional Court auction and online auction, elaborated on the social background of origination of judicial network auction, analyzed the judicial network auction deficiencies on legislation and practice: first: the standard of choosing type of auction is unstructured,Second: the legal relationship of participations is unidentified, third: the subject and object participations has its limitations,then: the relief channel of bidder's rights is indistinct, last: the lack of supervision and management, etc. Basing on the study of abroad judicial network auction cases, and integrated the judicial network auction practice situation of China,This thesis presented that it should be set up rules from two aspects: procedural and substantive, to well-establish the system of judicial network auction of China. In the aspects of procedural rules: first: specified the sphere of application,second: establish the Access and Quit Mechanism,third: build the system of information public notification system including the clear for the content of information when the lot was first appearance or non-first, strictly to stop or to withdraw the auction information release, and last: standardize the counter-process to abnormal network, including exploring to construct the online judicial auction platform which was belongs to The Court itself, setting up the network abnormal reporting mechanism and resolving rules. In the aspects of substantives rules: first: clarify the legislation relationship between participants of judicial network auction, the relationship between The Court and the bidder shall be implementor and participant,The relationship between online transaction platform provider with The Court shall be assistant and the director, the online transaction platform provider and the bidder just has indirect relationship. Second: completing the judicial network auction supervision system, including clarify the regulation subject, object, and supervision content. Third:confirm the legal effects of judicial network auction, clearing the buyer get the lot under the premise of original claim, without any claims on account of defects.