Research On Legal Issues Of Bankruptcy Property Network Judicial Auction

In the context of "Internet +",E-commerce technology and online trading platforms are booming,while with the deepening of the judicial system reform,the voice of the reform and implementation of the entrusted auction model is getting louder and louder.Zhejiang provincial high people's court takes the lead in combining online information technology and judicial auction,and jointly explores the independent online judicial auction model with taobao.With its advantages of full bidding,openness and transparency,low cost,it gradually becomes the main form for people's courts around the country to dispose of litigation assets.At the same time,it also provides a new path for the efficient and convenient disposal of bankruptcy cases.The bankruptcy procedure,although it has functions to save the distressed enterprises to revive them and regulate the failed enterprises to exit in an orderly manner,all cannot leave the most core problem of fair settlement of claims and debts.And the liquidation of creditor's debt is the first to maximize the value of the debtor's property.In this sense,bankruptcy procedure is essentially a judicial procedure to discover the value of property and maximize the value of debtor's property.And the most effective way to maximize the value of property is the market-oriented disposal,using the network judicial auction platform to dispose of bankruptcy property complies with the trend of marketization,legalization and informatization of bankruptcy trial,which can give full play to the subjective initiative of the administrator,free the judge from the heavy auction work,increase the efficiency of bankrupt property,allow the bankruptcy to be fully displayed and increase turnover rate and premium rate.To dissolve the excess capacity,actively yet prudently deals with "zombie" companies,promote the supply side structural reform is of great significance.However,there are still many questions to form corresponding rules or resolved in practice,the author on the basis of fully collecting relevant data,integrated the bankruptcy property in our country the network auction legislation present situation and the practice of judicial present situation,summarized the characteristics of the bankruptcy property network judicial auction in China,and certainly the bankruptcy property legitimacy and rationality of the judicial sale network,and combining with the current judicial actual situation points out that the bankrupt property problem of the auction,the auction the specification of the construction of the bankruptcy property in our country network judicial system put forward some Suggestions.The author mainly discusses from the following four parts:The first part: analyzes the concept and development stage of online judicial auction,explains in detail the three existing online judicial auction modes in China,and proves the rationality of online judicial auction of bankruptcy property by discussing the nature and significance of online judicial auction of bankruptcy property.The second part: to discuss the legislation and practice of the online judicial auction of bankruptcy property in China,and compare it with the execution procedure to dispose the litigation-related property,and summarize the special features of the online judicial auction of bankruptcy property in China,and propose that the online judicial auction of bankruptcy property should apply a set of special procedures different from the ordinary online judicial auction.The third part: reveals the disadvantages of the judicial practice the bankruptcy property network,from a legal basis,the main body dimension of supervision,rights and interests of belonging,to the bankrupt property network judicial auction precipitation funds interest is not clear,imperfect supervision mechanism,such as lack of relief system in-depth discussion.The forth part: the perfect design of the bankruptcy property network judicial auction system.From the perspective of bankruptcy administrators,bidders and other participants,this paper puts forward some countermeasures to improve the online judicial auction system of bankruptcy property in China.In view of the deficiencies in the online judicial auction of bankruptcy assets,some specific Suggestions are put forward from the aspects of perfecting the precipitation fund system,supervision mechanism and rule design,in the hope of contributing to the development of China's bankruptcy trial.