The Law Thinking Of Judicial Auction Online

Judicial auction work as an important exercise of executive power in accordance with the law of the people’s court judicial activities is an important link to achieve the parties’ legitimate rights and interests. For a long time, the people’s courts of our country exercise their functions and powers through the traditional auction model.But in the face of a great deal of problems,such as the auction sale price is lower than the evaluating price, the judges also feel difficult. And, because of traditional trust auction model involving the auction company, which makes the judicial auction get into a dangerous zone. The people’s court must ensure judicial integrity, complete the work performed and safeguard social fairness and justice of top priority. Therefore, network judicial auction as a new auction model arises at the historic moment. Since in Zhejiang province in 2012, for the first time the judicial goods sold on taobao website, online auction once became a hot topic in the Chinese judiciary and judicial continues. In addition, at the same time, the new civil procedure law was enacted which emphasized the judges took back the judicial auction right.So this law undoubtedly admits the legitimacy of network judicial auction. Judicial auction network model undoubtedly provides a convenient for the implementation of the judicial auction work and also saves the money for the parties concerned.But as a relatively new social phenomenon it still has some problems. This article attempts from the network auction legislation present situation and the judicial practice present situation to explore the causes of our judicial auction network.Then combining with the actual situations the author want to point out the existing disadvantages of the network judicial auction.At last, put forward some legal laws and regulations to improve the network of our country judicial auction. This paper is mainly divided into three parts: preface, text and conclusion. The text mainly has four aspects: The first chapter: the network auction legislation present situation and the judicial practice present situation; The second chapter: the causes of the network judicial auction; The third chapter: our country network judicial auction existing problems; The fourth chapter: the ideas to improve the system of judicial auction network law.