Research On Judicial Auction System In China

Judicial auction,as one of the important means of price change to realize the value of the seized goods in civil execution procedures,is directly related to the disputes between the parties,therefore it has received wide concern from the society.Whether the judicial auction system is sound and reasonable will determine not only the actual effect of the auction,but also the establishment of judicial authority.To improve and strengthen the judicial auction system not only plays an important role in the protection of the legitimate rights and interests of the parties and the stable development of the social and economic order,but also has important significance in the enhancement of the judicial image as people's court and the increasing of judicial credibility.But at present,due to the late start of judicial study in judicial auction system and the lack of relevant system and supporting legal rules,many unsatisfactory cases emerge in the operation of China's judicial auction system in recent years.Problems such as incompletion of legal basis and auction process,inadequacy of relief system about judicial auction and lack of effective supervision on judicial auction exist in the field of judicial auction.The existence of these problems leads to such behaviors as power rent,judicial corruption,malicious competition,which to a large extent,cause many difficulties to China's judicial auction system and low social evaluation on it.To solve the problems existing in judicial auction,this paper analyzes and compares the “Guangxi model”,“Chongqing model” and “Zhejiang model” which are born under the background of judicial reform in China,and on such basis,the major problems in judicial auction system are identified.Further,by drawing lessons from the beneficial experience of foreign countries and regions,the author has proposed advices on the improvement of judicial auction system in aspects of enhancing the procedures,selecting auction methods,supervising power and releasing rights,striving to make judicial auction more open and fair,and just.