Research On The Protection Of Buyer’s Rights In Network Judicial Auction

With the advent of the Internet era,the increasing number of execution cases has brought many challenges to the last kilometer of "judicial auction" of civil execution.Network judicial auction as a fusion of traditional entrusted auction and the advantages of the Internet of a new force gradually into people’s vision.Online judicial auction refers to the open disposal of property by online bidding through the Internet auction platform by the people’s court.Whether the buyer’s rights can be guaranteed is the key factor to measure the success of an online judicial auction,but in judicial practice,the buyer’s rights are often not guaranteed due to various reasons.In this paper,through theoretical and practical research methods,the relevant judicial cases are sorted out,and it is concluded that the damage of buyer’s rights is mainly manifested as: the damage of partial buyer’s preemptive right,the damage of the right to know,the damage of the right to request the delivery of the subject matter and the damage of the integrity of the delivery of the subject matter.The analysis of the reasons for the damage of the buyer’s rights mainly includes the imperfect rules for the identification of lease,the single subject of the court’s announcement,the unsmooth way for the buyer’s relief after the event and the imperfect external supervision mechanism.Therefore,this paper puts forward some specific suggestions.First of all,it is necessary to continuously refine the legal and judicial interpretations on the identification rules of lease and the provisions on the delivery period of auction objects.Secondly,it is necessary to establish a multi-department information sharing system to improve the accuracy of the information acquired by the buyer.Thirdly,the reasons for applying for invalidation of auction and state compensation in execution objection should be clarified,and the channels for relief after execution should be unblocked.Finally,perfect the comprehensive supervision system,so that the court’s own supervision and external supervision go hand in hand,common force.