Research On The Standardization Of Network Judicial Auction

The network judicial auction is a new thing in the process of judicial reform in China. Our country establishes the judicial auction mode of the two modes of court auction and independent auction after "CIVIL PROCEDURE LAW",2012.It has solved the legal question of the network judicial auction that has been argued by the academic circles. The network judicial auction is mainly based on the mode of the Internet online auction and the synchronous auction mode of the site and the network in our country. Taobao as the representative of the Internet online auction development speed, the impact of a wide range, completely breaking the auction of space and time constraints, the online technology in the judicial auction to play to the extreme. In Shanghai, Chongqing model for site representative and online synchronous auction model with the combination of the traditional judicial auction and Internet technology retains the advantage of the traditional judicial auction, with the help of Internet technology to expand the scope and impact of judicial auction, to acclaim. Although the development of the online judicial auction has been affirmed by the Supreme People’s court, the courts of the country are actively trying, but there are still a lot of problems in practice. Legislation, there is no special laws and regulations on the nature of the online judicial auction, legal status, the auction process, the work after the shoot, the responsibility to bear the clear provisions. The blank of legislation leads to the problem of the online judicial auction in practice, the buyer cannot protect their own rights and interests according to law.This paper system discuss the Internet online auction model, the scene and the network synchronous judicial auction model. Based on the traditional auction and online auction of justice comparative analysis, combined with judicial auction online development present situation to sum up the main problems existed in the online auction of judicial practice, and puts forward some suggestions to perfect the judicial auction online system, namely judicial auction as one of the important measures to enforce the need for a unified national laws and regulations to regulate. With the form of law clear and comprehensive nature of the judicial auction online, clear the access mechanism of online in the process of judicial auction of the parties legal status, refinement of the judicial auction online platform, establishing standardized online judicial auction process and the rights of the parties relief system, improve the online of our auction law supervision system. Under the legislation is still not perfect, standardize online auction of judicial practice, improve the specific judicial auction online operation process, strengthening protection of the auction of the subject of rights, set up specialized professional working team, online judicial auction preparation work and aftermath can high quality, in order to guarantee.