Study On The Procedure Of Network Judicial Auction

Auction,as a social phenomenon,has a history of more than two thousand years.Economics often focuses on the study of auction function from the perspective of price determination mechanism or resource allocation mode.However,the law attaches more importance to the analysis of the legal significance of auction behavior and studies it as a special way of buying and selling.Since the establishment of the civil procedure law in 1991,the judicial auction system has been in China for nearly 30 years.Internet auction is the product of the rapid development of modern science and technology,and the application of "Internet +" thinking in the new era.Internet judicial auction is an important part to solve the difficulty of execution.It plays an important role in the timely conclusion of civil execution cases in China,and is conducive to safeguarding the legitimate rights and interests of the parties and ensuring the efficient,fair and open execution.Although the development course of Internet judicial auction is not long in our country,it has achieved remarkable effects,and also exposed some problems,affecting the conduct of Internet judicial auction,more rational analysis is needed.On the basis of previous studies,this paper summarizes the procedural problems existing in the Internet judicial auction,and puts forward Suggestions on the improvement of the racquet procedure based on the social reality.This paper is divided into five parts,the main contents are as follows:The first part discusses the basic concept and nature of Internet judicial auction.In this part,it focuses on the analysis of the "public law" nature of Internet judicial auction,which is also the main reason why the people's court can conduct Internet judicial auction independently,so as to further demonstrate the rationality of Internet judicial auction conducted by the court.The paper also analyzes the advantages of the Internet judicial auction,which makes the Internet judicial auction show strong advantages and achieve remarkable results.The second part discusses the Internet judicial auction system at home and abroad.This paper focuses on the development of the Internet judicial auction in China.At the same time,it summarizes the development of the network judicial system in other countries outside the region,and analyzes the significance of the relevant system in other countries outside the region to China.The third part explores the procedure of Internet judicial auction.In this paper,the Internet judicial auction is divided into three stages according to the time sequence,namely the auction preparation stage,the auction proceeding stage and the auction ending stage,and some procedures in these three stages are compared with the traditional judicial auction,so as to further deepen the understanding of the Internet judicial auction.The fourth part analyzes the problems existing in the current Internet judicial auction procedure.According to the three stages of the auction,this paper mainly analyzes the access procedure and evaluation pricing procedure before the auction,the announcement standard and defect announcement system in the auction process,the delivery procedure after the auction and the invalid and revocable procedures,and points out the problems and defects.The fifth part is the improvement of the judicial auction procedure.On the one hand,it is necessary to elaborate the relevant legislation of the Internet judicial auction procedure,on the other hand,propose solutions to the problems in the procedure,establish scientific evaluation mechanism and announcement standard,and improve the supervision procedure of the Internet judicial auction.In addition,courts should be encouraged to actively innovate new forms of Internet judicial auction,so as to make racquet play its role further.