Study On The Judicial Auction System In China

Judicial auction is an important price realizing measure in our civil enforcement system.When the executor fails to perform the corresponding obligation in accordance with the enforcement notice,the court can auction the property.Since the 1991 Civil Procedure Law of the People's Republic of China established the "judicial auction" system,the courts at all levels have been exploring the judicial auction system.At the beginning of the exploration,the goal of the courts was to "establish and perfect the commission auction system",and the auction was carried out by the commercial subjects.Many judicial interpretations,and even the revised civil procedure law in 2007,have confirmed the commission auction.However,in 2012 the revised Civil Procedure Law legalized "court self-auction",breaking the previous pattern of judicial auction.In August 2016,the Provisions of the Supreme People's Court on the Online Judicial Auction of the People's Courts is the first time to define the concept of"online judicial auction",and it put forward the principle of "online judicial auction priority".This shows that the judicial auction in China has experienced the evolution of the system from the commission auction to the online auction,which means that the judicial auction has changed its direction of development.Therefore,we need to study the reasons behind this change,to explore the dilemma of judicial auction in our country and put forward some suggestions to improve the system in the future.This paper is mainly narrated from a history-retrospective longitudinal research perspective.In addition to the introduction and conclusion,the text consists of six parts.The introduction introduces the origin of the research,the research trends at home and abroad and the research methods of this paper.The first part briefly introduces the concept and nature of judicial auction.The second part compares the judicial auction systems in foreign countries,which can be used for reference.The third part is the basis of this paper.It reviews the evolution of the judicial auction system in our country,including the legislative and judicial practice in different periods,which is divided into two stages:marketization and networking.The third part also points out that the current direction of reform will change from the commission auction to the online auction.The fourth part analyzes the merits and demerits of the newly established online judicial auction model and the legal relationship among them.The fifth part analyzes the dilemma of judicial auction from the following four perspectives:the court,the executor,the auction service market and the social credit system.The sixth part puts forward some suggestions on the perfection of judicial auction system in our country.The core of any system is to deal with the relationship between justice and efficiency.The paradox of our judicial auction system is that we sacrifice the efficiency to get justice,but it deepens corruption.The goal of the judicial auction should be executed at low cost to achieve full property fair.However,when the commission auction model can no longer play a role of "corruption wall" but brings the rent-seeking,and when the development of network technology makes the professional advantages of auction institutions difficult to show,the commission becomes particularly dazzling.So,the turn of the auction system is inevitable.Through the discussion of theory and practice,this paper finds that from the perspective of different observations,the system of judicial auction shows different appearances.In the view of the court it is how to balance their own power.In the view of auction service market it is how to build a healthy and standardized auction service market.In the view of executors it is how to reduce the cost of the auction.In the view of bidder it is how to compete for quality assets and how to ensure the security of transactions.The problem that has not been properly solved in these perspectives is the institutional dilemma of judicial auction in China which deserves to study.In view of this,this paper puts forward the following suggestions:First,improve the relevant laws and regulations,and strengthen the top-level design;Second,set different auction procedures according to the different types of subject matter;Third,improve the relevant supervision mechanism to balance the powers of the court effectively;Fourth,enhance the standardization and innovation of auction service market in the face of emerging business opportunities...