Problems In Internet Judicial Auction And Countermeasures

Judicial auction,as a defense line to protect social fairness and justice,is of great significance for protecting the rights and interests of creditors and effectively solving the difficulties in execution.In recent years,with the popularity of "Internet +" and "big data",internet judicial auction has been recognized as a new judicial auction mode.This auction mode not only breaks the information barrier and enlarges the audience,but also greatly reduces the transaction cost and improves the efficiency of judicial auction.In order to promote the effective operation of internet judicial auction,the Supreme Court and the local courts have issued relevant regulations,which briefly comb and standardize the platform access,operation,division of powers and responsibilities,and bidding rules of internet judicial auction.However,in the actual operation,there are still some problems in the internet judicial auction,such as the basic requirements of the auction procedure are not standardized,the entrusting procedure of auxiliary work is not meticulous,the auction procedure is easy to be abused,the responsibility subject is not clearly defined,and there are various risks in the operation of the auction procedure.It is extremely easy to cause the legal rights and interests of the right subject not to be guaranteed,thus further affecting the construction of a fair,efficient and authoritative judicial system.Based on the function,specific process and operation status of the internet judicial auction,this paper discusses the problems existing in the internet judicial auction,and clarifies the various standards in the auction process,standardizes the auxiliary work procedures,and improves the internal court.The management assessment system,clear relief methods and responsibility commitment,improve risk prevention and control and supervision mechanisms,etc,put forward some specific countermeasures,and hope to provide some help to solve the problems arising from the internet judicial auctions in China.