On The Perfection Of The Network Judicial Auction System In China

Network judicial auction is a new measure of property disposal program of the people's court for enforcement,it plays an important role in improving the implementation of the quality and efficiency of solving implementation difficult,timely and effective cash creditor rights.In June 2012,the Zhejiang Provincial Higher People's court and the two district court got the enthusiastic attention of major news media for their judicial auction in Taobao Internet and opened a new era of judicial auction,which won acclaim,and meanwhile,suffered lots of challenges.This also provides us with a valuable opportunity to.reflect on the imperfections of the current legislation in our country about the provisions for judicial auction.Therefore,this paper aims at the present situation of the imperfections of our country network judicial auction,analyzes the main existent problems,and proposes the ideas to consummate network judicial auction system in our country.This paper is divided into three parts:introduction,text and conclusion.The introduction part mainly elaborates the background and purpose of this paper.Part I:Overview of China's network judicial auction.This part is divided into five sections,the first section describes the concept and origin of the network judicial auction;the second section describes the process of the network judicial auction;The third section lists the mode of network judicial auction;the fourth section summarizes the characteristics of the network judicial auction.Part 2:The existing problems of the network judicial auction in our country.This part is divided into five sections,the first section describes that the network judicial auction operation process is lacking of clear legal norms;the second section describes that the relevant main bodies are lacking of rights protection;The third section analyzes the lack of investigation of the court on the auction;the fourth section describes the lack of supervision of the network service providers;the fifth section clarifies the lack of legal supervision of the network judicial auction.Part 3:Suggestions of constructing the network judicial auction system in our country.This part is divided into five sections,the first section formulates the scientific procedures of the network judicial auction;the second section refines the rights protection on the main body;the third section consummates the investigation system of the court on the auction goods;the fourth section clarifies the legal liability of Internet service providers;the fifth section consummates the supervision mechanism of network judicial auction.The conclusion of this paper is:with the development of information technology and network technology,online shopping has become a label of this era,which provides an opportunity for the reform of judicial auction.Through the introduction of the third party trading platform such as network,that could not only achieve the separation of the court and the auction,but also achieve the transparency of judicial auction supervision.