Resarch On Network Judicial Auction System

Reviews the history of our country judicial auction,The court independent auction once prevailed, but there have been times in the process of implementation when problems arose because of the lack of legal norms and unclear rules of procedure.In order to standardize the judicial auction, the supreme people’s court set a series of judicial interpretations to build the trust auction system. And the main purpose of this system was to cut off the direct contact between the court and the economic interests through the auction agency.Legal norms for auction agencies themselves, however, were relatively scarce. This caused several undesirable consequences, such as Bid-rigging,related party transactions, and other Malicious activities in the process of auction. The trust auction was saddled with lots of negative reports and also shook the confidence of the courts and the social public once.Network judicial auction arises at the historic moment under such a background.Any developing system is not achieved overnight, need to experience a process of step by step.Network judicial auction is no exception. Owing to its preliminary stage of development,network judicial auction needs more careful exploration, objective and comprehensive summary of experience.This article began with the definition of the network judicial auction. By analyzing the relationship between the network judicial auction and traditional judicial independent auction, the relationship between the network judicial auction and judicial trust auction,there comes a conclusion that the network judicial auction has both advantages and disadvantages:Although specific rules of procedure of the network judicial auction remains to be perfect, but its leading principle of auction is doctrine of procedure publicity, transparent, efficient and so-called "zero Commission" for program rescue. It makes the judicial auction reform expected. So the application of the network judicial auction is much more requisite.Then this article investigated and analyzed the legislation and judicial practice of judicial auction in order to prove the validity and feasibility of network judicial auction.Through the analysis, the author discovered some obstacles in both legislative process and the judicial process such as the rules of network technology platform’s choice is unknown, the rules of auction is unclear and nonuniform etc.. According to those above problems,the author threw out some targeted suggestions:there must have a judicial interpretation with strict standardized procedure system to improve the trading rules of the network judicial auction,and clear the responsibilities of the court and the trading platform of their own, in order to ensure the network judicial auction standardly and orderly.