| Judicial auction is an important link in the execution of the people's court.How to guarantee the judicial auction fair,open,justice and integrity,and can guarantee the efficient operation of the auction process,timely and effectively to cash the creditor rights and interests has been one of the main problems in the work performed.Judicial sale network,in order to solve this problem provides a good way,it is our country judicial important attempt to change toward the sunlight auction system,has the incomparable advantage over the traditional judicial auction.The first part of this paper mainly discusses the overview of network auction system of judicial interpretation,specific include: the network of the legislation history of the judicial auction,from the court auction to consign to court to organize the network auction;The concept of network judicial auction and its advantages compared with traditional judicial auction;Several modes of online judicial auction that are explored in judicial practice and comparison of several auction modes.The second part of this paper mainly studies the online judicial auction system of the two legal systems and the reference significance of the online judicial auction in China.The civil law countries mainly studied the online judicial auction system of Germany,Russia,Japan and Italy,and the Anglo-American law system mainly studied the network judicial auction system in the United States.The reference significance of the two law system online judicial auction system is: the establishment of a perfect legal system of online judicial auction;It forms a running program with the realization of creditor's rights as the core.It has formed a sound supervisory mechanism;A complete system of rights relief was established.The third part of this paper mainly studies the content of online judicial auction system in China and the problems existing in the legislative and judicial practice.The research on the content of China's online judicial auction system mainly includes the access rules of the network judicial platform,the rights and responsibilities of online judicial auction,and the bidding rules of online judicial auction.The problems of online judicial auction are mainly:the subject category is limited,and the complex products are difficult to go online.The defects of public display and the implementation of risk contradiction increase;The payment method is single,there is transaction risk;The network judicial auction ancillary service needs the system standard urgently.The fourth part of this paper mainly aims at the problems existing in the online judicial auction in China,and puts forward some Suggestions to improve the online judicial auction system.It mainly includes: refining the relevant regulations of online judicial auction;To regulate the operation mechanism of online judicial auction;Strengthen the security technology guarantee of network judicial auction;Promoting the competition of online judicial auction according to law;Improve the selection and supervision mechanism of the auxiliary working mechanism of online judicial auction;To improve the supervision mechanism of online judicial auction in China;We will improve the distribution of relief rights for online judicial auction. |
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