Research On Protection Of Buyer’s Rights In Online Judicial Auction

In the context of the rapid development of Internet technology,the emergence of online judicial auctions is a product of the collision between judicial reform and the development of the times.Online judicial auction has the advantages of detailed information disclosure,convenient participation methods,wide range of radiation,multiple types of subject matter,zero commission and so on,achieving a win-win situation for the court,the applicant and the executor,the bidder and the network service platform.Currently,the Network’s judicial auction is on the rise and has achieved positive results in the enforcement of courts across the country.There is a need to protect the interests of persons seeking redress and to address complex law enforcement issues.In the entire online judicial auction process,the buyer,as the most important participant,is in a relatively weak position.The current buyer’s rights have not been well protected,and the reasons can be summarized as follows: firstly,the laws and regulations for protecting buyer’s rights are not sound;Secondly,the burden of taxes and fees is unreasonable;Thirdly,insufficient disclosure of defects in the subject matter;Fourthly,it is difficult to deliver the subject matter of real estate.Fifth,the relief channels are limited;Sixth,insufficient internal and external supervision.In terms of protecting the rights of buyers in online judicial auctions,foreign countries have also taken corresponding positive measures.For example,the United States and Germany have their own unique ways of protecting the rights of buyers in online judicial auctions.Therefore,China can absorb and localize the beneficial measures for protecting the rights of buyers in foreign online judicial auctions,in order to comprehensively protect the rights of buyers in China’s online judicial auctions.Based on this,to better protect the rights of buyers in online judicial auction,we need to do the following aspects: First,improve the relevant laws and regulations on the protection of the rights of buyers,and at the same time,we can make provisions specifically for the protection of the rights of buyers in online judicial auction,to make up for the current legal loopholes.Secondly,the tax burden in online judicial auction should be reasonably distributed,the taxes and taxes involved in online judicial auction should be clarified,and the subject of the tax burden should be determined according to the actual situation.At the same time,the cooperation between judicial organs and tax authorities should be strengthened to reduce the concerns of buyers and reduce their tax burden.Third,improve the network judicial auction announcement defect information disclosure system.The court should realize the importance of accurate,objective and comprehensive disclosure of defects to ensure the security of judicial auction,and objectively and truly disclose property defects to reduce buyers’ regrets due to lack of knowledge of defects.Fourth,clarify the period of vacation and timely delivery of the immovable property,protect the buyer’s right to claim delivery of the subject matter,timely delivery of the immovable property to the buyer,improve judicial credibility.Fifth,improve the way of relief of buyers’ rights,and suggest that the Supreme People’s Court revoke the cancellation of online judicial auction as a precondition for buyers to apply for state compensation and separate litigation,so as to protect the buyers’ right to relief.Sixth,strengthen the judicial auction supervision,in order to prevent the people’s court and bidders and other parties between the transfer of interests,power-money transactions and other corruption,thereby damaging the legitimate rights and interests of other bidders,external supervision and internal supervision need to work together.