Research On Mechanism Of Judicial Auction Online In China

With the rise of the comprehensive development of Internet technology and network transactions, As a special civil action, judicial auction online to perform the way into the spotlight.Currently,there are kinds of judicial auction online in our country,there are some differences in form,however, in order to improve both the efficiency and the nature of the subject matter of the auction realizations satisfy creditors’ claims as the basic starting point. As a novelty, the judicial auction online begin to shows its strong vitality,low cost, easy to participate, covering a wide range of characterstics of traditional judicial auction of innovatian and improvement.Although judicial auction online reform in civil cases to provide reasonable idea of implementation, but in judicial practice there are inadequate legislation, lack of legal protection, network security, and many other less trading environment defects.that several existing judicial auction online mode during operation are more or less exposed to various problems.Therefore, for judicial auction online in recognition and promotion, but also the need to improve the above defects.Firstly, a whole judicial auction online were discussed, its concept to be defined, pointed judicial auction online is a new way to enforce, and has a low cost auction, premium rate, simple procedures and other features.Then a commercial auction beginning to explain the evolution of our judicial auction.Secondly, respectively, Chongqing, Shanghai and Zhejiang, three different judicial auction online model, for example, the current situation of the network are described judicial auction.Thirdly, respectively elaborated defects and shortcomings of these models in the judicial practice exposed to Zhejiang model as an example, the main qualifications online trading platform for analysis.And clearly the legal status of the network from the legal nature of the judicial auction, the legal basis and functional positioning in three areas.Finally, from the development of a unified specific judicial auction online rules, a clear legal relationship network subject of judicial auction,improve the judicial auction online specific operating procedures and building comprehensive judicial online oversight mechanisms auction four aspects of network defects and deficiencies in the judicial auction judicial practice made perfect proposal.Improve the judicial auction online system, for the positive response to the Supreme Court to increase judicial reform call auction, the real execution in the field of Civil justice has practical significance.