Study On Taobao Judicial Auction And Its Related Legal Problems

As the gradual expanding of network effect, the judicial auction was carried out on network.This paper has analyzed three types of current China’s network judicial auction modes:property rights exchange mode of the Chongqing court, the people’s court litigation assets net mode of the Supreme People’s court, and the Taobao auction mode of the Zhejiang Court. The Taobao auction mode of the Zhejiang Court has achieved the independent auction by court, in which the court is the auctioneer and the principal. In the auction the court can act as two party of the auctioneer, the principal, the bidder. The Taobao judicial auction mode has achieved a true sense of the Internet auction of justice. Taobao judicial auction is quite different from the traditional judicial auction. This paper will analyze from two aspects of the Taobao auction mode:the auction subjlect and the auction procedures. Taobao judicial auction arises and develops rapidly, which not only has the legitimacy, but also has the feasibility. From that the judicial auction is the law on the punishment, that "auction law" does not adjust the judicial auction, and that auction can not deny the court to auction, it can be seen that the Taobao judicial auction is in according to the law.The Taobao judicial auction exempted from the Commission, expanded the scope of the auction, reduced artificial operation space, improved efficiency, and enhanced the judicial credibility. All of these apparent advantages in practice proved the rationality of the Taobao judicial auction. In the auction contract, terms and other outside parties subject belong to the non essential terms; the auctioneer’s declare of will means offer, the highest bid auction at the end of the time is commitment; "Confirmation of the auction" is only the evidence of contract and documents; Jurisdiction Agreement standard clauses is invalid; In the Taobao judicial auction, the legitimate rights of the buyer is generated based on the contract of sale and the right of claim should be guaranteed.