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Research On Network Judicial Auction System

Posted on:2018-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J L YangFull Text:PDF
GTID:2346330566453641Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Judicial auction is the last kilometer in the civil execution process,which is related to the execution of the judgment,whether the creditor's interests can be realized,and whether the people can feel the fairness and justice of the law in every specific case.In order to curb the serious corruption problem in the field of judicial auction,network and sunshine become the general direction of civil execution,especially in the field of judicial auction,and the network judicial auction system is convenient,efficient and zero rent in the background of "Internet +",High degree of participation,transparency,high turnover and other advantages stand out in the country in full swing,was identified as the main form of judicial auction in China.The network judicial auction system is the way of the court to use the network platform to organize the judicial auction,from the auction to the commissioned auction to the self-network auction process,with its theoretical and practical advantages to become the best mode of judicial auction The Network judicial auction from the pilot to now there are several years,the success of the practice still exists behind a lot of problems,it is necessary for China's network of judicial auction system to improve.This paper begins with the concept of network judicial auction,and analyzes the evolution of the network judicial auction system.Through the deep analysis of the legal text and practice situation of the network judicial auction system,this paper summarizes the development of the network judicial auction So as to avoid the judicial corruption as possible,to protect the interests of the parties as the value orientation,from the perspective of the court,the network platform,the parties to explore the network of judicial auction system to improve the thinking and put forward constructive comments on the existing problems.This paper is mainly composed of the following parts:The first part,introduction.Taking the Zhejiang model as the representative of the network judicial auction practice results are remarkable,and was established by the Supreme Law as the judicial auction priority form,once again become a hot topic,has a high research significance.The second part,the network judicial auction system and its evolution.The author defines the concept of network judicial auction as referring to the enforcement activities in the civil execution procedure to realize the creditor's rights in the civil execution procedure.The people's court shall,through the Internet platform,Legal nature,with the ordinary network auction,the traditional commissioned auction is significantly different.Internet judicial auction through their own auction,commissioned the auction,and then to the court today's own network of the evolution of the auction.The third part analyzes the present situation of the current network judicial auction system.This paper analyzes the legal judicial analysis of the network judicial auction system and clarifies the new changes in the legal provisions of the network judicial auction system.Taking the data statistics of Taobao judicial auction platform as an example,this paper makes an empirical analysis on the network judicial auction system and clarifies the practice of the network judicial auction system Happening.The fourth part,the network judicial auction system exists the problem.Through the analysis of the current situation of the judicial auction system,the author makes a research and analysis on the unreasonable evaluation of the evaluation price of the network judicial auction,the unclear auction procedure,the loopholes in the risk prevention and control mechanism,and the imperfect supervision and management mechanism.The fifth part is the perfect design of the network judicial auction system.From the court,the network platform,the perspective of the parties to explore the network of judicial auction system to improve the thinking.This paper puts forward some specific designs in view of perfecting the network judicial auction platform,perfecting the network judicial auction procedure,perfecting the risk prevention and control mechanism,perfecting the supervision and management mechanism,and so on,hoping to perfect the network judicial auction system in our country.
Keywords/Search Tags:Network Justice Auction, Justice Auction, Self-auction, Suggestions for Improvement
PDF Full Text Request
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