Research Of The Problem Of Civil Judicial Network Auction

To improve the judicial credibility and let the people take perception of justice in every judicial cases has become a goal of deepening reform for the people's court. The central government is strengthening top-level design to complete the overall planning of major reform project, meanwhile, calling for a place to play to the initiative, encouraging the courts at all levels under the unified arrangement deployment to try, in a timely manner, summarizing experience, promotting the system innovation. In this era background, the judicial practice gradually is developing internet auction, to solve the problem of our country for a long time "Perform difficult, Perform random" and provide the beneficial reference and innovation model.Civil execution auction has experienced from the sale to the court auction, and entrust a specialized auction institution to the court for judicial auction. Zhejiang court judicial auction platform in taobao opened in June 2012, and the traditional civil execution auction moved to the Internet. Its zero commission, transparent, not subject to regional restriction, premium rate higher characteristic caused the wide attention of the society. After the applause, however, we still need to rational analysis. Problem oriented to the author, supported by data, on the basis of further summarizes the judicial network auction experience, from the perspective of promoting civil execution system innovation on full text:The first part, from the perspective of the concept, properties and characteristics of the judicial auction analysis, points out the main body of civil judicial auction should be the people's court. Civil judicial auction should be established to court as the leading principle, and shall abide by the laws of the special adjustment judicial auction specification. At the same time, starting from the reform course of civil judicial auction model in recent years, it puts forward the model of any type of auction is not everything and should be on the basis of rational analysis complement each other, to play the advantages of different patterns and curb judicial corruption occurring from the system.The second part, in accordance with the "local innovation pilot- experience- promoting judicial explanation" thought, taobao judicial auction model are reviewed from the preliminary testing to doubt to the development of legal recognition. At the same time, through data analysis, from taobao judicial auction model of existing scale and the actual results, the author points out its small regional restriction, information transmission, high attention, open and transparent, reduce the manipulation, put an end to the judicial corruption, zero commission auction, execution efficiency is high, the premium rate is high, the advantages of the implementation effect is obvious, legal network auction model is correct and practical significance.The third part is the focus and the innovation points of this article. The author affirms the judicial network auction results, with objective and rational attitude, analysis of the current taobao judicial auction model of the main problems existing in practice: the lack of specific unified guidance, the legal norms of the court in participation are insufficient, the network auction platform aptitude lack of standards, the racquet target range is too big, forcing the racquet is questionable, pay treasure to fund precipitation and risks, auction bidding, margin and mark-up on the lack of specific provisions, relatively heavy burden on the judge, items show program remains to be perfect, if one bidding problem effectively, with the aid of judicial auction platform for illegal profit, technology risk and safety, professional technology easier to corruption, lack of prevention and supervision mechanism, etc.The fourth part puts forward suggestions for the further reform and improve the judicial network auction: first of all, we should give priority to with independent court auction, foreign trust auction is complementary auction model, and actively introduce mainly the network auction, offline or network synchronization with the auction of regular auction auction, science to set the network auction procedure, set up the mortgage platform of real estate commodities, such as items, to promote the subject matter choose types of science. Second, to formulate the compulsory execution act as soon as possible or separate network auction judicial interpretation, and accelerate the "net assets of the people's court litigation" upgrade, establish a unified judicial auction network platform. Finally, to speed up the network system security maintenance, actively develop emergency plans or remedial measures. Establish judicial supervision network auction mechanism, strengthen the internal supervision of the court system and external supervision of procuratorial organ.