Discussion On Online Auction Of Civil Execution

As an important part of the civil execution,Judicial auction is constantly evolving with the continuous changes of judicial practice.The “online auction”,which is rely on the internet platform,has become a new form of judicial auction."Online auction",a new judicial auction form,has shown its advantages in practice,such as market hyper-regionalization,low transaction cost,transparent auction process and convenient transaction operation.Because of these advantages,it is expected to avoid the disadvantages of traditional auction form:The traditional judicial auction model makes the court directly connect to the market.In some degree,it makes more difficult to achieve openness and transparency.It also leaving a large space for power rent-seeking.In addition,the traditional way of auction announcement is single,makes the scale of audience who learns relevant information is small.It also makes time lag between courts and audience.Therefore,in this way is easy to cause insufficient bidding.Moreover,the overall cost of traditional auctions has become a major problem.With the promulgation of Civil Procedure Law of the People's Republic of China,Provisions on Several Issues Concerning the online Judicial Auction of the People's Court and other relevant normative documents,the online auction system of civil execution has been established.Under this system,three principles have been clarified: online auction priority,comprehensive disclosure and market selection.The parties choose the online auction platform,the people's court produces and publishes the auction announcement,and initially puts forward the bidder's participation in the judicial auction with the bidding code and the effective auction rules for one person's bidding.Moreover,two representative practical modes which are Taobao mode and people's litigation asset network model have been formed.Since January 1,2017,331 courts having a court coverage rate of 93.7%.Facts have proved that after the implementation of online auction in civil execution,the transaction rate and premium rate of the property auction executed have increased significantly,and the auction cost has decreased significantly.the turnover has reached 604.9 billion yuan,the transaction rate is 70.8%,and the premium rate is 64.3%,it also has saved commission of 18.6 billion yuan for parties.In spite of remarkable achievements,there have been many negative cases in judicial practice.These cases show that there are still many works to do to perfect the system.First,the single margin penalty rule does not meet specific practice.requirements.That makes the responsibility for buyer's who regret the auction is not reasonable.Second,the protection of the buyer's rights is insufficient,and after the buyer's interests are damaged,the relief mechanism is also flawed.Third,the guarantee of the auction is unclear,which makes it is easy to become an excuse for the court to shirk its responsibility.Fourth,It is biased to implement online auction for all the subject matter,and some of the subject matter is not suitable for online auction.Fifth,the present five major online auction platforms have the problem of insufficient utilization rate.In order to further improve the online auction system in civil execution,so as to give full play to the advantages of "online auction",guarantee the timely realization of creditors' rights and interests,eliminate judicial corruption and improve the efficiency of civil execution.It is suggested to further refine the responsibility commitment system of regret auction based on the judicial practice.Second,improve the procedural guarantees for the interests of buyers.Third,improve the court's public notice system for the basic conditions of auctions.Last,accurately grasp the access standard of subject's online auction and upgrade online platform.