Study On The Legal Problems Of Network Judicial Auction

Network as a new judicial auction model,judicial auction scholars study of its legal theory foundation.Mentioned in this article the judicial sale network,namely,especially "taobao model",refers to the use of taobao provide technology platform,the people's court to seal up,distrain the person subjected to execution shall perform the obligations of the part of the property,and sold to the highest bidder in network public bidding way,and will transfer the proceeds to apply for execution enforcement measures.Network auction with the nature of public law and private law and justice should stick to the basic principles of traditional judicial auction;But the rights and obligations of each subject has its own characteristics;Since 1982,article one hundred and seventy-two of the "civil procedure law(trial)" to May 30,2016,the supreme people's court promulgated the several problems about the network of the people's court judicial auction rules,our country about network has increasingly perfect judicial auction law.Network judicial auction at groping stage in our country,but also has a complete process.The author with Q city court system,the judicial auctions run status for the case analysis,it is concluded that China's online auction performed in the court,justice participants,third-party web services platform every main body with its own problems.Therefore the author embarks from the various problems existing in the main body,from the legislation,standardize the rights and obligations of each main body;Standardize the operation of the trading platform,such as Angle of perfecting the judicial sale network advice,so as to render our country judicial auction network more perfect contribution.Believe that network in our country judicial auction can go too long.