Study On The Related Problems Of Network Judicial Auction System In China

For a long time,China's judicial auction system has been in constant process of exploration.The earliest can be traced back to the Qing Dynasty,but this system has not been established,the Qing Dynasty that collapse.After the founding of new China,the judicial auction system in our country to be established by the people's court to organize their own implementation.Taking into account the judge to organize their own judicial auction,the lack of regulatory power constraints,prone to judicial corruption and other issues.After the reform and opening up,China's judicial auction model gradually transition to the commission auction.The original intention of commissioning a judicial auction is to better curb judicial corruption,to achieve fairness and justice,and to a certain extent,produced a positive effect.But with the passage of time,the auction institution's natural profit-taking,driven by the need to establish a relationship with the court,the judge to seek more business,so that the phenomenon of judicial corruption is relatively serious and relatively hidden is not easy for ordinary people to find.At the same time,commissioned judicial auction,string standard,Wai standard,career control field phenomenon,greatly damaged the bidders,apply for the implementation of the implementation of the legitimate rights and interests of the people criticized.In view of this,the new "Civil Procedure Law" Article 247 of the original article made appropriate changes for thecourts at all levels to actively explore the new model of judicial auction laid a solid legal basis.With the "Internet +" background,judicial auction network quietly rising.Since 2010,the national judicial auction emerged in the Chongqing Stock Exchange model,Shanghai public network model and Zhejiang Taobao model.Although all the new models of network judicial auction have their own strengths,but people feel are fighting each other,the lack of a unified guiding normative procedures.To this end,the Supreme People's Court on the situation,in summing up the practice of the courts at all levels of the country on the basis of the August 2,2016 announced the judicial interpretation of the network judicial auction-"on the people's court network judicial auction a number of issues",And in January 1,2017 from the official implementation.The writing of this article is based on the background of judicial interpretation published in the face of the network judicial auction system in China to implement the status quo,the existing problems,put forward targeted comments and suggestions.The paper is divided into five parts.The first part is about China's network judicial auction system overview.First of all,it discusses the development of judicial auction system in China's civil execution.In accordance with the order of time,from far and near described the judicial auction system in China at all stages of development and changes.Secondly,it discusses how the network judicial auction is emerging in our country.It talks about the superiority of the network judicial auction compared with the traditional judicial auction in the system design,and shows the trend of the network judicial auction system in the future development of our country.The second part is about the status quo of China's network judicial auction system.Through the analysis and comparison of the Chongqing Stock Exchange model,the Shanghai public network model and the Zhejiang Taobao model,the author tries to explore the innovation model suitable for the judicial auction in China and promote it at all levels of the country.The third part is about the existence of judicial marketing in China.Mainly from the network judicial auction of the main problems,rights relief issues,legal supervision and other aspects of the three issues to be discussed.The main issues are mainly from the people's court,the parties,theauction of auxiliary workers,network service providers to start the four roles;rights relief issues mainly from off-site participation,laws and regulations,auction defects and the implementation of the network platform options And the legal supervision mainly involves the legal supervision to bear the important task of realizing justice and justice of the network judicial auction.The fourth part is about China's network judicial auction put forward the feasibility of comments and suggestions.According to the three aspects of the subject,the right of relief,the legal supervision and so on,the paper analyzes the problems and puts forward the corresponding coping strategies.The fifth part is the conclusion.Through the above five parts of the discussion,hoping to solve the network judicial auction in the judicial practice of new problems encountered help.