Study On Network Judicial Auction System

Judicial auction is a compulsory execution measure that the people’s court realizes the property of the person subject to execution through auction to realize the rights and interests of creditors in the case of civil compulsory execution according to the law.As the last line of defense to safeguard the legal rights and interests of the parties,judicial auction is of great significance to solve the practical problem of difficult execution.However,as the people’s court is both the executor and the supervisor of judicial auction,it is easy to breed judicial corruption,which leads to the decrease of judicial auction rate,and the people lose confidence in the judicial credibility of the court.With the rapid development of Internet technology,online judicial auction was born.In 2017,in order to standardize the system of online judicial auction,the Supreme People’s Court issued the "Regulations of the Supreme People’s Court on Some Issues of Online Judicial Auction of the People’s Court",marking that the online judicial auction has entered a new stage.Although online judicial auction has the advantages of high efficiency,convenience,high transparency and high participation of the people,as a new thing,the law is not perfect on its provisions,and there are many problems in practice.Therefore,while affirming the network judicial auction,we should also pay attention to its existence of a series of problems.This paper starts from the overview of the network judicial auction,using literature study and comparative analysis methods,to summarize the related concepts of the network judicial auction,the historical development of the network judicial auction in our country and the existing model of the network judicial auction.It puts forward the main problems of cyber judicial auction in our country: heavy obligations of the buyers in the process of participating in the auction,insufficient protection of related rights subjects,and the lack of supervision of the people’s court,malicious auction subject,cyberauction platform and cyberauction auxiliary organization.By collating and introducing the legislation and practice of judicial auction of the two law systems,it points out that we should improve the right protection system of the relevant subject of cyber judicial auction,build a perfect regulatory mechanism of cyber judicial auction,strengthen the supervision of the court,malicious bidder,net auction platform and auxiliary organization.It has the theoretical and practical significance to perfect the judicial auction system in network.