The Perfection Of China's Judicial Auction System-from The Court Role Of Judicial Auction

Judicial auction,it mainly refers to the court within the limits prescribed by law about auction activities,the body is the court,at the same time not only limited to auction,the auction activity,and contains the subject matter of the assessment,the scene view,auction,also includes the sale after the auction and other activities.Judicial auction as a compulsory execution measure,its provisions can be found in the public law nature of enforcing law,but caused by it such as the real right change effect is adjusted by civil law,such as the property law,the current academic circles on the nature of the judicial auction said there is a public law,private law theory and compromise three different theories.Court confirmed the judicial trust auction system in China in the 1990 s,in the following,in the implementation of the system not only failed to achieve the purpose of blocking the judicial corruption,it exposed the shocking executives "nest" corruption of the society,at the same time,low conversion rates of judicial auction,auction subject matter underestimate the sale,the phenomenon such as string around the logo for the people,according to these problems that exist in the judicial auction,around the courts began for the reform of the judicial auction.In the reform tide,can conclude the main three reform modes: the first to Shanghai mode,namely unified management for auction case,by the Shanghai high court unified the,dominated by specific executive mechanism,supervision and auction,the auction organization concrete implementation auction work;The second for the chong qing model,namely trust auction companies intermediaries-outside of chong qing united assets and equity exchange management judicial auction,auction auction company is responsible for the implementation of the concrete,the court no longer comes in contact directly with the auction institution;The third is the zhe jiang model,a judicial auction that sidesteps the auction company and the court makes its own auction on tao bao.com.Can be seen from the foregoing three reform model,entrusted with the court to auction mechanism of three kinds of attitude,Shanghai mode,perform the court auction are still tightly on the auction institution,chong qing model is introduced between the court and auction institution third-party property rights trading platform,while the zhe jiang model directly give up auction institutions.Paper by carding the historical evolution of justice auction in our country,to the present status of the judicial auction in China that exist in the "Shanghai model","zhe jiang model" and the "chong qing model" are introduced and the advantages and the comparison of characteristics,and analyzed about the present situation of China's current judicial auction.In the process of exploring the subject status of the court in the foreign judicial auction system,the paper tries to put forward rationalization proposals for perfecting the judicial auction system in China.