Research On Legal Issues Of Network Judicial Auction

The study of judicial auction system is of great significance.As the most critical step in the process of civil enforcement,it plays an important role in the realization of the rights defined in the effective legal documents and the satisfaction of the interests of creditors.For a long time,judicial auction has been repeatedly controversial,especially the prominent problems related to judicial auction,such as power rent-seeking and improper interest transfer,which has formed a serious area of court corruption and affected the credibility of the judiciary.With the rapid development of Internet technology and the general maturity of online transactions,the open transparency of online platforms can better solve the problem of rent-seeking and black-box operation in judicial auctions.At the same time,the emerging network judicial auction compared with the previous traditional judicial auction has a wide range of audience,high participation and low cost and other unique advantages,is currently the national court within the scope of the momentum of development caused waves,in the ascendant,in full swing.In 2017,the "provisions of the supreme people's court on several issues concerning online judicial auction of the people's court" was promulgated,which defined the connotation of "online judicial auction" for the first time and proposed the auction principle of "online auction first,supplemented by other means".Online judicial auction has been officially identified as the main means of our country's current judicial auction,which provides a reasonable new idea of reform to solve the problem of difficult implementation.High courts around the country have taken the lead and formed the Shanghai model,chongqing model and zhejiang model.However,there are also some problems that need to be solved to some extent.This paper will be mainly divided into five parts to discuss.The first part discusses the background of the topic selection and the significance of the research of online judicial auction,and roughly sorts out the research status at home and abroad.It is helpful to study the network judicial auction in depth.The second part defines the basic theory of online judicial auction in China.The concept,characteristics and nature of the auction and the traditional judicial comparison with the conclusion are described.Then it analyzes the three existing online auction models and their characteristics.The third part analyzes the current situation of legislation and legal problems in our country's online judicial auction,mainly from four aspects: imperfect evaluation mechanism,lack of network security,inadequate supervision of online judicial auction and absence of relief system.The fourth part analyzes the comparison of legal prevention and control of overseas judicial auction,clarifies the auction content and characteristics of Germany,Japan,the United States,Britain and other countries.The fifth part pointed out the opinions on improving the network judicial auction,including the following dimensions: improving the evaluation mechanism;Ensuring Internet security has been achieved;Strengthen the supervision and restriction of online judicial auction;Perfect the content such as relief system to undertake an analysis.