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Research On Online Judicial Auction

Posted on:2019-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:X L JiangFull Text:PDF
GTID:2416330596959844Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
All the time,the difficult implementation of the people's court has troubled the effective operation of the district court.In the late 1980 s,with the rapid development of socialist market economy,the circulation of property became faster and faster,and the auction industry in China gradually developed accordingly.The development of the auction industry opens a new path for the enforcement of civil law in the people's courts.In this way,the judicial auction has gradually become an important property disposal method to solve the difficulty of execution in China.After 2000,with the further development of economy,the scale of judicial auction in our country has developed more and more.Judicial auction plays an increasingly important role in the execution of the court,and a series of related problems,which are highlighted by the traditional judicial auction,gradually affect the fairness and justice of the court,making the court's credibility vulnerable.With the rapid development of Internet and other information technologies,many regions in China began to try to use modern network technology to start judicial auction,and since then online judicial auction began to appear.After the online judicial auction comes into people's eyes,the past judicial auction can't really meet the growing social needs of our country.The online judicial auction with taobao as the auction platform has developed rapidly,and it has greatly influenced most areas of China.It has completely broken the time and space limitation of traditional judicial auction and brought network technology into full play in judicial auction.The network judicial auction,represented by chongqing and Shanghai model,has effectively made up for the deficiencies of the past judicial auction,given full play to the advantages of traditional judicial auction and network technology,and has been supported and favored by the supreme people's court and auction institutions.In February 2015,the supreme people's court issued the opinions on comprehensively deepening the reform of the people's court,which clearly pointed out that "the reform of judicial auction mode should be strengthened,with the focus on the implementation of online judicial auction mode." The supreme people's court has made clear the path of the judicial auction reform in the future,and has put forward new requirements on solving the difficult problem of the execution of the people's court with the direction of the network technology of judicial auction.Under this background,the courts all over China are moving to implement the online judicial auction,and the judicial auction in China has entered a new Internet era.However,as an important reform in the process of judicial auction reform in the current period,the characteristics of online judicial auction,such as zero commission,openness and transparency,are the advantages over traditional judicial auction,such as high commission,low premium rate and easy breeding of corruption,which are well recognized by the public.Although online judicial auction solves the difficulty of court execution to a certain extent,effectively overcomes the disadvantages of traditional judicial auction,saves the cost for bidders and maximizes the realization value of auction targets,but the Internet technology changes with each passing day in the new era,which undoubtedly makes the online judicial auction present many problems.This article mainly through the comparative analysis to the network judicial auctions and traditional judicial auction the advantages and disadvantages of two different auction model,on the existing network of three representative network judicial auction model analysis comparison,combining network judicial auction-"taobao model" in our country development present situation,the judicial practice network auction generally will be the bottleneck of thorough investigation,in order to clear the current stage of how to effectively improve network judicial sale strategy and method,explore to adapt to the reform of the judicial system of new network judicial auction model.
Keywords/Search Tags:Online judicial, Auction traditional judicial, Taobao mode
PDF Full Text Request
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