| Online judicial auction is an emerging way of execution in the field of current civil execution auction.The executed subject matter will be conducted an auction through the Internet platform,maximizing its value in the most rapid way,which safeguards the legitimate rights and interests of the parties in civil execution procedure,and highlights the civil execution ideas of transparency,high participation rate,low cost,convenience and efficiency,high conversion rate and high premium rate.However,online judicial auction,after all,is a new thing.Although it has incomparable superiority over traditional judicial auction,it still has deficiencies which need to be constantly revised and perfected in the future.Reviewing the mode of judicial auction in China,first of all,in the legislative mode,it has experienced the confirmation stage,the stage of combination of bidding auction commissioned by the people's court and self-auction,the stage of total entrusted auction,and the people's court automatic auction.Secondly,in terms of practice mode,it has experienced the pattern of commissioned auction,the combination mode of auction companies and online platform,and the online judicial auction mode implemented presently.Different modes have its rationality at different stages.For historical reasons,selling off was the only way for the people's court to dispose the subject matter.With the development of economy,the bidding auction is gradually emerging in the process of civil execution.Then the people's court a third party to execute auction.But due to the lack of supervision and measures to restrict it,the civil execution field becomes a major disaster area of judicial corruption.In response to increasingly severe judicial situation,along with the development of information network technology,completely removing third-party commercial auction institutions and relying solely on the people's court entering the Internet platform with independent judicial auction arises at the right moment.Online judicial auction is not a simple duplication of commissioned auction,but online transactions in the virtual network environment,namely the people's court conduct auction through the Internet platform in accordance with relevant law to dispose the property in the way of online bidding.Why did the judicial auction go back to the starting point of the people's court auction a:fter many reforms?The answer requires a comparison between traditional judicial auctions and online judicial auctions.First of all,from the micro perspective,compared to traditional judicial commissioned auction,online auction is improved in terms of subject,the number of auction bidder,auction cycle,security deposit,reserve price,way of bidding,bidding cost control,conversion rate and premium rate and so on.Secondly and more importantly,online judicial auction protects the legitimate rights and interests of the parties in term of system being fair,open,protective and efficient macroscopically and builds up the judicial authority and credibility.In Jiangsu and Zhejiang provinces where online judicial auction was implemented earlier,this system has not been in the civil execution area reported a complaint so far,which is unprecedented in the past.Although online judicial auction overcomes many disadvantages in traditional auction,as a new means of civil execution,besides valuation fee and other leftover problems,problems like imperfect legislation,flawed running mechanism,incomplete supervision mechanism,safety risk of information technology,defective relief system and so on.Therefore,on the basis of improving execution efficiency and maximizing the value of subject matter,foregoing problems should be solved to safeguard the lawful rights and interests of the parties,and promote online judicial auction a reasonable and orderly development,so as to better safeguard the judicial authority and credibility. |
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