| The judicial auction refers to the people’s court in the implementation process,the effective legal documents for the execution basis,will be confiscated,seized or frozen debtor property,when the debtor fails to fulfill its obligations in accordance with the law,public bidding to sell to the highest bidder,and the execution behavior of the amount of debts the people’s court,is an executive in the enforcement of the modification measure.From the judicial auction definition,enforcement price belongs to the public law and private law on the behavior of different business,is the executive body of the exercise of public power behavior,this kind of behavior is similar to the sale or sale of the way,but its legal effect is not of course the application of civil law,contract principle,the court forced change effect to make things change,transfer of ownership.[1]with the development of the Internet,the people gradually find that the Internet is the best way to isolate the bidders from the public bidding,and can accommodate an unlimited number of people at the same time participate in the auction activities.The traditional judicial auction has limited information dissemination capacity,which directly affects the turnover rate and premium rate of auction,and the traditional auction method is no longer suitable for the court to deal with assets.Therefore,the platform of judicial auction website emerges as the times require,and it can release the judicial auction information on the platform and realize the judicial auction in real sense.Compared with the traditional judicial auction network judicial auction,have obvious advantages,the amount of information is more extensive,more intense competition,the operation is more simple and convenient,can greatly increase the probability of auction and premium space.In the judicial auction platform,the bidder can stay at home,visit their interest in the auction information through the computer,the service can contact with the intention of the subject,make the site look like,and then make evaluation according to the status quo of the subject,and then select the online auction.At the same time,as a court of asset disposal,you can instantly understand the auction dynamics and transaction situation through the internet.Judicial auction through the network can not only reduce the cost of auction,but also effectively block the malicious collusion among bidders,so that the real realization of judicial auction is open,fair and impartial.During the exploration of judicial auction,a variety of auction models have emerged in the judicial auction of the national courts.In Zhejiang,Jiangsu,Fujian,Henan and other provinces represented by taobao.com,to set up shop in Chongqing,Shanxi;Shaanxi,Hunan and other provinces,as the representative of the network judicial auction mode of litigation by the net assets of the people’s court;represented by Hebei,commissioned by the property rights trading center network judicial auction mode by people court net assets;in Shanghai,Guangxi,Ji’nan as the representative,the auction mechanism in the self-developed platform for judicial auction model.[2]from the above model,we can see that although some models have begun to implement electronic auction,but the entire auction process has not yet fully realized the internet.Network judicial auction made breakthrough progress,from 2012,June,Zhejiang High Court settled in Taobao platform began.The court does not need to entrust any organization,by means of their own judicial auction platform taobao.com to build self-service,complete the whole auction process,reduce the cost of implementation,to achieve zero Commission,to some extent reduce the debtor’s burden,resulting in the same industry a large area of study and reference,to achieve a breakthrough in the network judicial auction.This will be the representative of taobao.com and Shanghai area public auction network as an example,combined with practical experience in other parts of the network judicial auction,a brief analysis of the necessity of judicial auction in Internet,the development process,two main modes analysis,network judicial auction of new regulations on the spot and future network judicial auction the development direction of judgment,and provides some reasonable suggestions according to the practice experience.Execution is a long-term problem in China’s implementation of the court’s problem,especially for those who have the ability to perform and carry out effective legal instruments to referee the debtor,will not only affect the establishment of the social credit system,it will bring great negative impact on judicial justice,the masses have reacted strongly.As a new thing injudicial reform,network judicial auction is still in the stage of exploration and trial,has not yet formed a mature mode of operation,but also needs continuous trial and error in practice and perfect.We have seen that in the interests of assets in the process of realizing network judicial auction has richly endowed by nature advantages of the Internet can greatly shorten the execution time,reduce the main parties in the human,material and financial resources and time investment and expenditure,improve the efficiency of the disposal of assets,in 2016 the supreme people’s court made the "two to three years of basic implementation to solve the problem of’ commitment,will also gradually realize. |
