On The Regulation Of Buyer’s Regret In Online Judicial Auction

As an important part of judicial auction,online judicial auction plays an important role in realizing property realization quickly and solving the dilemma of difficult execution.Influenced by various factors,online judicial auction brings great convenience,but at the same time,the phenomenon of buyer’s regret is more common.On the one hand,the buyer’s remorse destroys the auction procedure which has been carried out and destroys the stability of the auction procedure.On the other hand,it seriously affects the efficiency of execution,the realization of creditor’s rights,and thus the judicial authority and credibility.From the perspective of the responsibility of buyer’s contrite auction and the application of compulsory measures,this paper investigates the practical status quo of the regulation of buyer’s contrite auction in online judicial auction,and finds that there are still the following problems: First,the information disclosure of online judicial auction is not in place,which affects the buyer’s final judgment on the auction items.Second,the deterrent force of the deposit system is insufficient,which is manifested in the restrictions on the advance collection of the deposit in small auctions and the limitation of the liability scope of the buyer’s regret to auction within the scope of the deposit,so it is difficult to prevent the buyer’s regret to auction.Third,the imperfection of the trust-breaking punishment system,the low application rate of compulsory measures and the absence of the blacklist of online judicial auction,make the buyer’s regret rate remain high.The main reasons for the unsmooth operation of the regulatory measures of buyer’s remorse auction are: there are differences on how to bear the price difference,the applicable conditions for the regulation of the buyer are not uniform,and the absence of supporting procedural regulatory measures.In order to reduce the phenomenon of buyer’s remorse in online judicial auction,it is necessary to regulate the buyer’s remorse through legislation.First,improve the information disclosure mechanism of online judicial auction to ensure the buyer’s right to know.Second,it is necessary to make clear the identification standard of buyer’s remorse to promote the unity of law application.Third,strengthen the deterrent force of the margin system,from the cancellation of small auction margin proportion limit and the price difference to make up the two aspects;Fourth,the punishment mechanism should be improved to make the judge dare to apply the enforcement measures and make the blacklist system become the shackle of the buyer’s remorse.Fifth,the establishment of procedural regulation measures to construct a comprehensive regulation system of procedural regulation and substantive regulation.By further improving the regulation of buyer’s regret auction,we can ensure the good operation of online judicial auction,so as to realize the legislative value and function of online judicial auction.