Network Judicial Auction Legal Issues To Explore

The judicial auction has been the important way of civil enforcement implementation traditionally. The single form of trust auction has played an important role in a certain historical period, and it has great significance to maximize the implementation of the underlying value, prevent judicial arbitrary and power rent-seeking. However, it showed more and more problems with the development of economy and technology, such as corruption cases for many times occurred in the field of judicial auction, which lead to the practical effect is not satisfactory. The emergence and rise of the network judicial auction is not only a innovation in the form of the judicial auction, but also an important breakthrough of civil execution system. Different from commercial auction, the network judicial auction is the compulsory auction. Unlike trust auction, network judicial auction is the auction by court. Different from traditional auctions, network is the carrier of the judicial auction. In the network judicial auction practice of our country, there are three kinds of typical model approximately that "zhejiang model", "chongqing model", "Shanghai model". so far, "zhejiang model" has the biggest influence, this article will also mainly discuss the "zhejiang model". Network judicial auction is beneficial to improve the efficiency of judicial auction, improve the closing of judicial auction, decrease the cost of civil execution, realize the maximization of litigation in liquidity, create a fair and public auction environment. It has a lot of recognition and get rapid development. But in the development process of network judicial auction, there have been part of the group represented by auction agency have question of its validity. With the modification of the civil procedure law and judicial interpretation of the civil procedure law, network judicial auction overcome this obstacle and has the legitimate "appearance" based on article 247 of the civil procedure law and the judicial interpretation of the provisions of clause 488, and the legal basis of judicial auction. That provides the legitimacy basis for continue development of network judicial auction.Network judicial auction has also exposed some problems and shortcomings in the process of practice. For example, there is no specific law regulation to provide the specifications; Participation of subject and object has a certain degree of limitations, such as some antiques, calligraphy and paintings are not suitable for using this way to auction; Bidders take big risks and rights relief is difficult to achieve, because the absence of "the seller" to a certain extent in the network judicial auction and the bidder cannot claim to network platform provide party, also cannot exercise their rights to the court. This dilemma lead a direct result of bidding participation subject dislocation in seeking legal relief, and also caused difficulties to participate to subject safeguard rights; The public law nature of the judicial auction requires higher security, and network judicial auction also faces the problem of ensuring financial and information security. At the same time, the virtualization of network lead to supervision and management are not enough in place, which affect the healthy development of the network judicial auction.To solve these problems, this article advice reform network judicial auction from the legal system of regulation and perfecting the judicial. In the aspect of legal regulation, this article firstly examines the foreign legislation system and the views of different scholars in our country. On the basis of China’s national conditions and comparative analysis, it is concluded that the Internet judicial auction should be regulated as soon as possible by the supreme people’s court judicial interpretation way, clear the principle, the way and the program for network judicial auction of the court. Because a related judicial interpretation program is not complicated as legislation, it’s high efficiency and requires shorter time, and standardize the problems of network judicial auction existing in the practice much faster, and guide the national network judicial auction. In the aspect of improving the current system, this article advice to set up the separate checks and balances system of network judicial auctions, strengthen the supervision and management of network judicial auctions, establish a unified network judicial auction platform, explore diversified network judicial auction way, construct security prevention and control system of network judicial auction such as taking advantage of credit reporting system in network judicial auctions, establish prevention and punishment mechanism for misconduct of network judicial auction to strictly investigate and deal with misconduct in network judicial auction seriously mainly based on the exist real trouble in the network judicial auction.