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Discussion On Network Judicial Sale System

Posted on:2018-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:C PanFull Text:PDF
GTID:2346330515988971Subject:Law
Abstract/Summary:PDF Full Text Request
The judicial auction system has been determined progress of reform,first determine the court independent auction system,the stage of their own supervision and court auction which spawned a large number of judicial corruption,to the judicial system of our country court in the judicial auction market oriented to abandon the court independent judicial auction established a new judicial auction system,increase the judicial participation in the auction subject auction mechanism.Auction institutions can not only professional auction techniques can increase the auction price and transaction price,and auction agencies can obstruct the relationship between the parties and the implementation of judges to prevent judicial corruption.In the judicial practice,there are many drawbacks such as increasing the cost of the auction,the collusion between the auction house and the bidders,and there are many places to be perfected and improved.The popularization and development of the network brings a new idea to the judicial auction,that is to say,the subject matter is executed by the network platform.In the national court system,the network judicial auction has a greater influence on the"Shanghai model","Chongqing model" and "Zhejiang Taobao model",and the change in practice also promotes the corresponding changes in the legislative significance.In January 1,2016 the new implementation of the "on the strengthening and standardizing the network judicial auction court work opinion"(hereinafter referred to as the "network judicial auction opinions" in the legal sense)for the first time explicitly acknowledges the network judicial auction system.Subsequently,the"Regulations" the Supreme People's Court on the people's Court of judicial auction network formally implemented in January 1,2017,the"provision" clearly the network auction priority principle,established the network judicial auction is in the leading position in the judicial auction.Combined with the actual implementation of the "Regulations",commissioned by the network judicial auction in the auction and the auction court independent comparison of two pattern,find the current network judicial auction system is still not perfect,the law supervising mechanism is defective.It is suggested that we should improve the judicial auction system in our country from the aspects of the implementation of the judicial auction,the improvement of legislation and supervision system,and the strengthening of the technical protection of the network auction.
Keywords/Search Tags:Judicial auction, network platform, commission auction, online judicial auction
PDF Full Text Request
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