Study Of Judicial Auction

In view of our long-standing judicial auction malicious lower prices, the phenomenon of judicial corruption and other irregularities, the people’s courts actively explore the judicial auction reform, innovat judicial auction mechanism to break the geographical restrictions, the introduction of third-party transaction subject, through the network, electronic bidding, etc., to improve judicial compulsory auction process, and the formation of Zhejiang, Shanghai, Chongqing three kinds of judicial auction model Among them, Zhejiang model in three modes strong competitive advantage, which led the Court emphasized that the auction principle help establish the judicial authority, embodies the principle of judicial auction of economic efficiency, as well as open and transparent judicial process. Although it does not comply with the relevant provisions of judicial interpretation, but the essential attribute of judicial and legislative intention to force the auction legislature dominated People’s Court decided the legality of the judicial auction. Zhejiang model as a very viable innovation system, which still exist some problems in some areas, such as: relevant judicial interpretation of the provisions of the consignment system, not all are suitable for the auction of the subject matter by way of auction Taobao, Taobao network platform itself is technically imperfect, trading platform shared repository is not comprehensive, leading the court auction for increased specialization and cost required to assess the market " nominal" phenomenon more regulation is not in place and so on, it is necessary to be improvement:(1) modify or develop relevant judicial interpretation, the Court of Justice to force a clear dominance of the auction, the development of science and rigorous judicial auction network operator operating procedures;(2) for the implementation of clear ownership of the subject matter, general machinery and equipment, etc. the amount is not big, immediate delivery of personal property can be, for time-sensitive items, to be able to ensure in the shortest time deal, can be judicial Taobao auction;(3) strengthen the protection of the court materials, technical support, and improve policy support;(4) to create a stable, secure and strong, high-compliant payment platform;(5) improve the assessment agency finalists threshold, increase supervision of rating agencies.