The Network Judicial Auction System And Its Improvement In China

With the rise of the comprehensive development of Internet technology and network transactions,judicial auction network has the characteristics of low cost and high to enter people's vision.It has formed in the process of practice in Shanghai,chongqing and zhejiang model.Network judicial auction system in our country mainly includes the legal position and responsibility of the people's court and the network platform,auction procedures,the holder of the relief way,etc.However,there are some problems in the ownership of the funds,the relief power configuration,evaluation mechanism and so on.For solving the above problems,combining with the present situation of the network in our country judicial auction system,suggestions are put forward.First,making clear a regulation,precipitation funds and interest should be relegated to bidders.However,in return can we carry on the practice of adopting flexible way.Second,the outsider has return the right of claim for money.If the auction subject matter has some right flaws,it should be points situation differently when the court claim exemption by "public announcement" and "statement no guarantee".Third,the auction confirmation shall be rejected,unity through auction orders for their effectiveness.Fourth,in the mode of valuation fee of charge,the concept of error margin is introduced.In the mode of supervision,it can be improved from inside the people's court,the people's court to the supervision of the network platform,the people's procuratorate of afterwards supervision.