| Judicial auction is an important means of disposal in the civil litigation process,and its importance is self-evident.At present,the status quo of "difficulties in implementation and difficulty in handling" in China's judicial practice has become one of the important obstacles hindering the development of the rule of law.Many obstacles to the emergence of judicial auctions have become an important factor leading to "difficulties in implementation and difficult disposal".However,the fundamental point is that the loopholes in the design of the judicial auction system at the legal level need to be improved.Throughout the evolution of China's judicial auction system,relevant laws and regulations have gradually improved with the continuous development of the auction market,but due to the different laws and regulations introduced in different contexts,the mutual judicial environment may be due to the situation.Different rules lead to inconsistencies in the rules,so the academic community has always maintained the attention and academic research on the development of the judicial auction system.With the continuous development of Internet technology,Internet technology has gradually integrated into our daily lives,quietly changing the way of life of the masses,and even subverting habits and traditions in some areas.The efficiency,convenience,transparency and transparency brought about by Internet technology are more and more accepted by the public.Judicial auctions are gradually affected by Internet technology.Therefore,the popularity of online judicial auctions has graduallyincreased in recent years.In the absence of uniform operating rules,local courts have tried different levels and began to explore online judicial auctions with local characteristics.However,given the fact that there are not many cases and data available for reference in this field,local practices are also Different from the same,the academic community is relatively lagging behind in this research.In view of this,this paper analyzes the current legislative development and networkization process of judicial auctions in China,and analyzes the existing difficulties and obstacles in judicial practice on the basis of combing the existing network judicial auction system.Through the research on Zhejiang Taobao mode and Shanghai public auction network mode,combined with the practical case to compare and analyze the two mature online judicial auction models,to identify their respective advantages and disadvantages,learn from others,and try to combine the advantages of their respective models.Disadvantages provide personal advice for the construction of legal systems for online judicial auctions.It is hoped that the legal relationship between the various subjects in the online judicial auction will be clarified,and the network judicial auction mode will be gradually unified.During the period,the experience of the Shanghai model can be used to promote the offline and offline linkage mode of the online judicial auction according to the attributes of the subject matter,and then gradually harmonize the judicial auction.The network platform constantly improves the people's court asset litigation network,continuously refines the rights and remedies of all aspects of the network judicial auction,and requires clearing the regulatory bodies of each link,improving their supervisory capabilities,and fully performing their supervisory functions,ultimately promoting the civil The Enforcement Law was enacted and a unified system for online judicial auctions was established.The author hopes to gradually standardize the status quo of China's online judicial auction through the above measures,improve the relevant legal system,and provide reference for the establishment of a unified and authoritative system.This paper is divided into five chapters.The first chapter is the development and evolution of China's judicial auction system.Firstly,it introduces the evolution process of traditional judicial auction laws and regulations.Secondly,it introduces theevolution of traditional judicial auctions into a network,and a series of changes at the level of laws and regulations.In this part,the author systematically sorts out the laws,regulations and systems produced in each period of judicial auction,and paves the way for the subsequent in-depth interpretation of judicial practice and design and improvement plan.The second chapter introduces the rise of the network judicial auction system.Firstly,it interprets the concept of online judicial auction.It adopts three progressive stages of “auction”,“judicial auction” and “network judicial auction” to understand the The meaning of it.Secondly,by comparing the characteristics of online judicial auctions and traditional judicial auctions,six advantages are obtained,including:improving the efficiency of auction information dissemination,expanding the scope of bidding entities,making the auction process more transparent,and reducing commissions.The proportion of payment reduces the cost of disposal,more fully discovers the value of the subject matter,and facilitates the execution of the court.At the same time,through a detailed interpretation of the "Regulations on Several Issues of Network Judicial Auction",the paper analyzes the guiding opinions of the latest judicial interpretation on the practice of online judicial auction,and lays a foundation for the follow-up suggestions on the improvement of relevant systems.The third chapter is the typical status quo and model analysis of China's online judicial auction.The main analysis object is the “Taobao” mode of Zhejiang court and the “public auction center + public auction network” mode of Shanghai court.The author analyzes the operation mode and judicial practice status of the network judicial auction in two regions.Differences include differences in mode choices,different degrees of openness,differences in market orientation,differences in regulatory bodies,and differences in auction costs.The fourth chapter is the flaw of the current network judicial auction mode.Through the analysis and comparison of the two kinds of network judicial auctions,the author summarizes the shortcomings and obstacles of the current network judicial auction at the system design level and the actual operation level.The problems encountered at the system design level are mainly due to the lack of top-level designin the current model selection,the lack of a rigorous legal system in the system,the loopholes in the system of rights relief,and the lack of institutional guarantees at the regulatory level.The shortcomings encountered in the actual operation level are mainly due to the uneven development of various regions,the lack of a unified network trading platform,resulting in low management efficiency,some of the subject matter is not suitable for online auctions and the risks of Internet technology.The content of this chapter paves the way for the subsequent improvement proposals.The fifth chapter is the author's thoughts and suggestions on the improvement of China's online judicial auction.Through the review of the existing judicial auction legal system and the investigation of various modes in judicial practice,the author puts forward some personal perfect suggestions.First,we should continue to sort out the legal relationship between the various subjects of online judicial auction and unify the auction.The mode is a commissioned auction.Second,we should learn from the Shanghai model and promote the online and offline linkage auction mode according to the differences in the attributes of the subject matter.Third,the network platform for judicial auctions should be gradually unified,and the asset litigation network of the people's courts should be continuously improved.Fourth,we should continue to refine the remedies for rights in all aspects of online judicial auctions.Fifth,we should continue to promote the formulation of the Civil Enforcement Law and establish a unified system for online judicial auctions.Finally,there is a need to continuously improve oversight capabilities so that regulators can fully perform their supervisory functions.The author hopes that through the above research and the suggestions put forward after the combing,it can provide a small force for the improvement of the network judicial auction system. |
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