Legal Regulation Research Of Network Judicial Auction

Led to the rapid development of the Internet network development trend,from all walks of life network judicial auction is produced in this background and development,the emergence of network judicial auction is becoming a new atmosphere,judicial auction neighborhood of disadvantages existing in the traditional judicial auction play a deterrent,and complied with the trend of the reform of the judicial system in China.The development of any things have two sides,however,in judicial sale network and to the judicial practice bring plenty of benefits at the same time,we must also be aware of this new judicial auction model itself also has some problems,in order to make the judicial sale network more standardized,to better serve the judicial practice in the future,this article choose the most representative mode of "taobao" judicial auction network as the research object,on the basis of case summary,by using the method of investigation,data analysis,literature writing methods,such as judicial auction related research on the legal issues for the Internet.This article is divided into three parts,the full text to ask questions,analysis,the essay discusses the logical structure of problems.The first part:the analysis of the status quo,the judicial sale network includes the legal regulation analysis and case analysis.First of all,this article from the network auction subject qualification,legal relation and the procedure of judicial three aspects,one by one in this paper,the designing for the network to the rules of judicial auction;Secondly,based on' taobao judicial auction case summary analysis of case data,and summarizes the characteristics of the current judicial auction "taobao model" network:but not in-depth development.The second part:pointed out network problems that exist in the judicial auction law regulation.Main problem,at present about network judicialauction laws and regulations and judicial interpretations are leaky,inadequate protection of the rights related subject,procedure guarantee not perfect,the network platform responsibility not clear these four aspects.The third part:judicial Suggestions to consummate the network auction legal regulation countermeasures.First of all,from the viewpoints of law,judicial interpretation,relevant laws and regulations perfect network judicial auction laws and regulations and judicial interpretation;Secondly,through the elaboration priority "to" system,improve the system of auction announcement,creating a minimum number of bidding system for priority,the buyer and to protect the legitimate rights and interests of the person subjected to execution,again,to perfect the cost burden system and the application of the related system of data message,and finally,indicates that the network trading platform shall bear legal responsibility.Through the discussion of the above three parts,the author based on the analysis of the problems existing in the network auction law judicial regulation,on the basis of the standard and improve the system of judicial auction network put forward some Suggestions,hope the research results can have certain reference value in practice.