Legal Adjustment Of Court Auction By Internet

Online court auction can be divided into three modes: the mode of Chongqing, the mode of Shanghai and the mode of Zhejiang. There is the strike for traditional judicial auction by internet. Meanwhile, online court auction changed the circumstances, just like the party of auction, the process of auction, the media of auction and the relationship of auction. Reform must be bring about new problem, “Procedure Law” and “Auction Law” can not be applicable, for there is no rules of court auction by internet on the law. The undefined legal relationship led to raise the risk of auction and can not solve the problem of judicial. There are three suggests in my thesis:The first, This thesis about online court auction of the three main modes in detail, the traditional online auction of the judicature and judicial auction, then existing in the practice of the application of law is not clear, the system of the legal relationship is not clear and the Internet itself lead to some abuses.The second, the thesis analysis of legal relationship of online court auction, in the end, we think that the legal relationship of court and property trading agency are broke rage contract relationship, property and bidder are network service contract relationship, auction company and bidder are contract relationship on the mode of Chongqing. By the way, on the Shanghai mode, the relationship of court and auction company is public law nature of the agency contract, auction company not only include network service contract relationship between bidder and also combines auction contract relationship;and, on the Zhejiang model, the court use contract relationship with Taobao is the network platform, Taobao and bidder is network service contract relations. However, as for the relationship between the court and the bidders is public relationship and sale relationship, according to the models of Chongqing, Zhejiang, Shanghai.The last, the thesis for the analysis of the applicable law to determine the current auction procedures applicable to the “Procedure Law” and the judicial interpretation and the principles of "Auction law". Meanwhile, the thesis complete four aspects as uniform auction model and legislation perfection, relief of parties, the supervision mechanism of network and financial, commission system and the scope of the auction items. in order to unify the judicial auction models, we have to do something about the above words.