Regulation Research On Buyer’s Right Relief Of Network Judicial Auction

The execution procedure is relevant to whether the effective judgment can be realized and whether the social fairness and justice can be manifested.As the last step of the litigation procedure,execution involves the vital interests of the litigant masses.The difficulty of execution is not only a difficult problem faced by the court,but also a hot issue concerned by the society.As a product of the era of Internet big data,network judicial auction plays a key role in alleviating the difficult execution problems faced by the court.At present,online judicial auction is popular in China.Compared with traditional judicial auction,network judicial auction is more open,more efficient and more convenient.It has achieved positive results in the execution activities of courts in our country.Also it has great significance to protect the interests of the applicants for execution and to solve the problem of difficult execution.As an important participant in the network judicial auction,the buyer is relevant to whether the whole auction activity can be carried out smoothly and whether the auction procedure can be carried out successfully.However,due to the imperfect current laws and regulations,the buyer’s rights are often violated and cannot get effective relief by lack of effective relief means,which brings down the buyer’s enthusiasm to participate in the network judicial auction and has the serious influence on the reform of the judicial auction process.Therefore,improving the buyer’s right remedy system is imminent.The text is divided into four parts:The first part starts with the buyer in the network judicial auction,Based on the analysis of the auction law and the provisions of the net auction and combined with judicial practice,this paper concludes that the buyer in the network judicial auction is applicable to the definition and identity qualification of the buyer in the auction law.Combined with the current laws,the rights of the buyer in the network judicial auction are sorted out.There are many main bodies in network judicial auction.The paper tease out the relationship between the buyer and the execution court,the network service provider,the person subject to execution,and execution applicant: the trading relationship between the buyer and execution court is in the nature of public power.The relationship between the buyer and network platform provider belongs to the technical service contract relationship.And both the execution applicant and the person subject to execution can have the buyer’s identity and qualification.And the person subject to execution should also cooperate with implementation after the auction,helping the buyer transact real estate property.The second part summarizes the main problems existing in the protection of buyer’s rights.Firstly,the laws and regulations on the protection of buyer’s rights are not perfect,lacking of laws and regulations to adjust the relationship in online judicial auction systematically.Secondly,the buyer of the tax package clause in the court increases the economic burden and bidding of the buyer.Thirdly,the buyer’s right to know cannot be guaranteed due to the defects in the auction announcement which infringes the rights and interests of the buyer.Fourth,the delivery of immovable property is difficult.The buyer often unable to live in after the buyer patted the house.Fifth,the buyers need to take the cancellation of the online judicial auction before they apply for state compensation when their rights and interests are infringed.Also,other subjects of the online judicial auction need to take the cancellation of the online judicial auction when they separately prosecute,which increases the litigation burden of the buyer and is not conducive to the relief of the buyer’s rights.The third part is the study and reference of the system of extraterritorial online judicial auction: Germany,a civil law country,believes that online judicial auction is an act of public law.It has formulated a complete law of compulsory execution and set up a special executing organ to execute it.At the same time,according to the nature of the subject matter involved,it can be divided into online judicial auction of movable property and online judicial auction of real property,which are executed by different executing organs respectively.Online judicial auction in the United States has an early origin and a long history.The state courts have different attitudes towards online judicial auction,and the executive is mainly responsible for the execution.However,the application for execution costs a lot,and online judicial auction accounts for a small proportion in the field of execution.The practice that Germany and the United States set up special execution organs to be responsible for the execution and that Germany distinguish the online judicial auction of movable property and the online judicial auction of real property by different agencies is worth learning from.German auction adjudication procedure is also worth our reference: when the auction is completed,the execution court needs to listen to the opinions of the relevant right holders to make the decision of whether to issue the auction adjudication,so as to protect the legitimate rights and interests of the buyer.The fourth part sets out the suggestions to perfect buyer’s relief system.Firstly,it is suggested to perfect the buyer rights protection laws and regulations,formulate compulsory execution method,and unify judicial interpretation before enforcing the law introduced the application.Secondly,the Supreme People’s Court should introduce judicial interpretation to strictly prohibited the lower court auction notice stating buyer bag tax provisions,formulate the pay system which the buyer’s advance payment of tax is preferred,set up communication and coordination mechanism between the court and the tax official,and publish the buyer’s tax categories and tax payment in the auction notice.Thirdly,the executing court shall reflect the true information of the subject fully and truly in the auction announcement.If the buyer’s rights are damaged due to the defects in the auction announcement of the court,the buyer may apply for cancellation of the auction and apply for national compensation.Fourth,the execution court shall specify the time limit for the delivery of the realty,deliver the realty in time,and give the transaction ruling to the buyer in time after the auction is completed.Fifth,the revocation of the network judicial auction is the condition for the buyer to apply for state compensation and for the other infringement subjects to file a lawsuit,which increases the difficulty for the buyer to apply for relief.Therefore,it is suggested to revoke the condition.