Research On The Online Judicial Auction System

As an important enforcement measure in the field of civil enforcement,judicial auction is vital import to the realization of the right of law.In recent years,with the rapid development of Internet industry in China,the influence of online judicial auction has been expanding,and the judicial auction has presented the trend of "Internet plus".Due to the transparent network platform,using the network platform for the judicial auction can better solve the problem of power rent-seeking and backroom dealing,and also has the advantages of wide audience,full disclosure and maximizing value of bidding auction content.The netvwork judicial auction provides a reasonable reform idea to solve the problem.Higher People’s Courts tried to explore the mode of online judicial auction,and the Shanghai mode,the chongqing mode,the zhejiang mode and other modes have certain advantages.In essence,the above modes are divided into two categories,one is the improvement of the entrusted judicial auction by the network platform,and the other is the judicial auction of the independent network of the courts.Court independent network auction model retake power back into the court,justice can eliminate the possibility of manipulation,unfair profit,at the same time,using the network platform of publicity will make the court auction under the supervision of the public.Compared with the online consignment auction,it has the advantages of reducing the cost of auction,the neutrality and impartiality of the subject.But the court judicial independent network auction also has obvious disadvantages:lack of professional talents,outdated technology,unsuitable auction subject matter for online auction.At the same time,to a certain degree,the cost of court judicial independent network auction is transferred to bidders,and bidders need to know the information about auction items and the related legal system of the auction.Thus,promoting network auction should also perfectnetwork judicial auction system of our country.Based on the system background and judicial practice of online judicial auction in China,the article is divided into four parts.The first part is the summary of the basic theory of online judicial auction.Starting from the connotation of judicial auction,summarizing the differences between judicial auction and commercial auction,and then expounding the connotation and nature of online judicial auction.The second part analyzes the current situation of network system of judicial auction,and analyzing the advantages and shortcomings of the chongqing mode,the Shanghai mode,and the zhejiang mode.The third part discusses the problems of online judicial auction,including the lack of network judicial systematic provisions of the auction system,the unclear provisions of network auction,the undetermined network scope,incomplete program of judicial auction,lack of protection of the rights and interests of the bidder and so on.The fourth part puts forward the Suggestions to improve the online judicial auction system in China,which mainly includes the following aspects:setting up the unified network judicial auction rules;clarifying the legal relationship and legal responsibility of the Internet judicial auction subject;clarifying the scope of application of online judicial auction;standardizing the operation procedure of online judicial auction;improving the distribution system of relief rights for auction bidders.