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Subject Of Online Judicial Auction Research On Taobao Net

Posted on:2018-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:L H WangFull Text:PDF
GTID:2416330620453667Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the network judicial auction has become an important way for the court to deal with the property according to law,there are three representative network judicial auction models.Among them,"Taobao judicial auction model" become a typical representative mode that the court take auction by themselves.Therefore,this article will be based on the "Taobao judicial auction model",in order to solve problems in practice,this article will study the responsibilities of the courts and the network service providers and the legal relationship between them.First of all,through the comparison between other auction models and "Taobao judicial auction model",collating auction data of "Taobao judicial auction model",reflecting the "Taobao judicial auction model" has obtained significant achievements,and point out some problem like supervision,rights protection and other aspects.Next,we focus on the court and the network service provider who provides technical support to the court.In the network judicial auction,the court should follow the network judicial auction priority principle,the principle of fully public and market selection principles.The court needs to establish a network platform standard for the network service providers,pay attention to all works in the auction and the aspect of supervision.The network service providers need to meet the standards and shall not violate the relevant judicial interpretation with the forbidden provisions.Finally,on the basis of clarified the duties of the court and the network service providers,it is significant to analyze the legal relationship and influence between them.There is a new type of intervene legal relationship between the court and the network service providers.The court is the sole body in the judicial auction,the network service providers provide network auction platform for the court and the bidders.Long-terms and unpaid are special features and the network service providers should accept supervision and evaluation from the court.It is helpful to distinguish different situations,and find appropriate way to protect legal rights of bidders and outsiders.
Keywords/Search Tags:Judicial Auction, Network Judicial Auction, Auction Platform, Taobao Judicial Auction Model, the Court, Civil Execution
PDF Full Text Request
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