Research On Legal Issues Of Ship Network Judicial Auction

In 2014,"Taipingshan 69" was the first judicial auction ship with the help of online auction.Since its transaction,the number of online judicial auctions of ships has increased rapidly.According to the research of relevant scholars,network judicial auction is a special auction mode in which the court and network platform cooperate to dispose litigation assets.Ship network judicial auction is the judicial auction of special objects in this mode,which is a new mode explored by traditional offline ship judicial auction under the background of "Internet +".Although there are more and more cases that local maritime courts apply this method to ship auction,ship online judicial auction can break through the space-time limit of offline auction and regulate judicial corruption in practice.However,this mode is still in a new stage,facing some difficulties,such as the conflict between the priority of legal application and the provisions of relevant legal systems,the practical confusion caused by the particularity of ships,the difference of auction procedures,the negative impact of the profit seeking nature of network platform,etc.,which also caused widespread concern of scholars in practice and academia.Besides preface and conclusion,this paper discussed is divided into four chapters:The first chapter mainly expounds the basic legal issues of the Internet judicial auction of ships,including the related judicial concepts,the auction model and organization.First of all,based on the existing concepts of judicial auction of ships and judicial auction of networks in academic circles,the meaning of judicial auction of ships on networks is explained,by exploring the legislation and judicial practice at home and abroad,this paper analyzes that the online judicial auction of ships is more in line with the principle of the court’s independent auction,and applies the model of the independent auction At the same time,it introduces the relationship between the legal status and the function of the Auxiliary Organization of the Auction and the auction staff of the maritime court.The second chapter mainly analyzes the differences between offline ship judicial auction and online judicial auction in terms of auction information announcement and publicity,deposit payment,retention money setting,bidder qualification examination and bidding methods in the applicable laws.According to the judicial practice and the spirit of legislation,this paper makes a comparative analysis of the different provisions and lists the obstacles to the application of the key provisions to the two kinds of judicial auction of ships.The author makes a preference choice for the application of the procedure regulations under different circumstances.The third chapter focuses on the problems existing in the practice of judicial auction of ships,including the risk of execution in practice and the auction of ships with defective rights At the same time,it analyzes the credit risk and technology transaction security risk brought by the commercial nature of the online third-party network platform from different writing angles,in the light of the special foreign-related property of ship as a special chattel which is different from the general subject matter,this paper analyzes the problems raised by the judicial auction,especially the online judicial auction of ship.In the fourth chapter,based on the analysis of the first three chapters,the author puts forward relevant solutions and suggestions.The author thinks that the ship in the practical problems in the judicial sale network,be clear regulation should publish relevant laws and regulations,the maritime court and to carry out the auction of the ship of the local people’s court should continuously explore the perfect organizational structure,strengthen the supervision of auction institutions selected,and cooperate with each other,play the role auction auxiliary mechanism,improve the transparency of network auction platform,The notary office should also adapt to the development of the network step by step and publish the notary certificate on its home page.At the same time,strengthen the protection of bidders’ rights and interests,improve the network platform to provide ship judicial auction ability.The court system should strengthen the supervision in the execution of the judicial auction of ships,perfect the execution in different places and unify the inspection and control system,severely crack down on the acts of malicious bidding and contrite bidding,and ensure the smooth completion of the whole auction link.