Research On The Network Judicial Auction Of Civil Procedure Law

Because there are a lot of problems in the traditional trust auction, such as high commission, black-box operation and hidden rules, etc. In 2012, the high people’s court of Zhejiang province have started pilot project for the network judicial auction. It takes the court as the main body in the auction and takes taobao as an auction platform. On the one hand, as a new thing, network judicial auction shows huge advantages in terms of reducing the burden of litigation of the parties, increasing the economic value of subject matter, eliminating the illegal operation in the process of the auction, improving the judicial credibility, etc. However, on the other hand, it causes a huge controversy in the auction industry and the legal profession: where is the legitimacy of the court to auction without auction companies? How to guarantee the safety of the network judicial auction? How to locate the platform of the network judicial auction in law? All of these are urgent need to explain and to comb by theoretical circle. Only in this way,we can clarify its legal status and improve its actual operation. So in order to enrich and perfect the judicial auction system in china, the paper starts with a discussion of the network judicial auction that conducted by Zhejiang province and tries to analyze the network judicial auction in terms of legal evidences, advantages, potential problems and improvement of relevant law provisions.