Research On China’s Judicial Action System Network

With the reform of civil justice in network era and the judicial public information platform construction advancement, in the area of civil enforcement change quietly up, embody the judicial auction network instead of the traditional judicial auction model shows better implementation advantages. The network model is a new judicial auction court by means of network transaction platform to organize litigation assets auction, the effective realization of zero Commission, the auction process full disclosure and bidding auction content value maximize execution purposes. The implementation of the "Civil Procedure Law"(2013) and the "Supreme People’s Court on the application of people’s Republic of China Civil Procedure Law interpretation"(France-2015,5) were determined by court auction subject qualification, provides space for the development of China’s legislation on the judicial auction system network. Will network judicial auction mode become the new mainstream of our civil execution auction area for reform. Our network of judicial auction system in theory and judicial practice of the early research, compared with foreign countries has become a network of judicial auction law system and supporting system, there are laws need to solve the problem of system. Based on our network auction system of judicial background to carry on the discussion, the paper is mainly divided into the following five parts..The first part is the summary of our country network auction system of judicial theory. Starting from the concept of network of our country judicial auction, the different characteristics with the traditional inductive network judicial auction auction, through the concept of concept analysis to multi angle defined network judicial auction, summarizes the network auction system of judicial practice value.The legitimacy of the problems existing in the second part of the main legislative evolution and judicial auction on judicial auction network network analysis of the court, to discuss the legitimacy basis as a compulsory auction subject qualification and network of the court judicial auction, deepen the understanding of our auction new legitimacy of judicial enforcement measures of network.The third part of the main operating mechanism of China’s network of judicial auction system to explore, from the network range followed by judicial auction operation of the basic principles, each participant’s rights and obligations, and judicial auction auction content network operation procedure, trying to sort out the judicial auction of the network operation procedure and straighten out the legal relation between subjects of the existing research, China’s network problems during the operation of the judicial auction. The fourth part mainly introduces the successful experiences in network judicial auction system of civil execution in countries like Germany and South Korea, Japan, France, from setting system in our country at present the network auction system of judicial development and judicial idea.The fifth part mainly puts forward the legal measures to perfect our country network judicial auction system, value orientation clear judicial auction; legislation system in China Network judicial auction;standardize network judicial auction mechanism; perfect network judicial auction supervision mechanism;strengthen the network of judicial auction technology management; perfect the judicial remedy system of the right of network auction etc.