The Research On The Implementation Status Of Online Judicial Auction In China

The "Provisions on Certain Issues Concerning Internet Judicial Auctions by People’s Courts" promulgated by the Supreme People’s Court stipulates the actual operation of online judicial auctions,which has enabled online judicial auctions to be popularized in local courts and has achieved good results.This paper investigates the implementation of online judicial auctions based on Taobao’s online auction platform,including all or some district courts in Hunan province,Anhui province,Shaanxi province and Hebei province,and shows that there are obvious results in the auction turnover rate,average overpricing rate and fairness of the auction.At the same time,the problems in the implementation of online judicial auctions have gradually emerged:In actual operation,the net auction object has low overall attention,the lack of offline auxiliary services,the lack of relevant policies,and the low transaction rate of real estate subject matter,and the frequent malicious bidding behavior;In the aspect of specific provisions,it is manifested as the non-uniform object information form,the real estate object tax and fee bearing the existence of objections and the unclear liability for defect guarantee,and the unclear selection standard of the object of the online judicial auction.In order to make the online judicial auction better implemented,this paper makes statistical analysis of the status quo of the online judicial auction in some provinces and cities,and summarizes the outstanding results of the implementation in various places,in order to get a good promotion.At the same time,according to the implementation of the situation in various places,the author puts forward some suggestions on the implementation of the online judicial auction in China,including the standard of the operation process and the construction of the related system.In the aspect of operation process: innovating the evaluation mechanism of auction object;Broaden the collection channel of property rights defects of the object of judicial auction on the Internet;Unify the form and content of the online judicial auction.In the aspect of system construction: the introduction of relevant policies to assist the implementation of the Internet judicial auction;Including the establishment of a non-restricted purchase policy for online judicial auctions;Provide for the obligation of follow-up assistance to be provided by the relevant authorities;The introduction of the Internet judicial auction mortgage loan mechanism.Through the adoption and popularization of the outstanding results and successful practices of online judicial auctions in various places,the optimization of theonline judicial auction system in China and the construction of supporting measures will be improved,and the smooth implementation of online judicial auctions will be promoted to create a good atmosphere for online judicial auctions.