Research On The Internet Judicial Auction

As a result of the collision between the development of the times and the exchange of judicial reform,the online judicial auction,under the influence of information technology,provides the property realization mode with theoretical innovation,system superiority and process flexibility for the civil execution stage,which becomes the only choice for the court to be fair in the court and the parties to participate in the auction.In this context,China has been promoting the process of legal construction of online judicial auction at the legislative level.From the "Civil Procedure Law of the people's Republic of China","interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China" and other laws and regulations and judicial interpretations,the people's court has been given the subject qualification of online judicial auction in the form of legislation.By 2017,the Supreme People ' For a while,the legal application of online judicial auction has become a hot topic in academic circles.However,because the online judicial auction system in China has not yet formed,there are many deficiencies in terms of legislation,system and procedure.In view of this,based on the domestic practice and foreign beneficial exploration,this paper takes the case of the first auction of C municipal court in 2018-2019 as the research object,uses the research methods of literature analysis and data analysis,price value analysis and practical function analysis,comparative analysis and theoretical review,This paper explores the existing problems of online judicial auction and puts forward feasible optimization suggestions.Finally,it makes prospects for the development of online judicial auction.In addition to the introduction and conclusion,the article is divided into five parts.The first part is the origin and development of online judicial auction.This part mainly introduces the development process and social function of online judicial auction,and summarizes the characteristics and process from the basic concept of online judicial auction.The second part is the comparison and reference of extraterritorial judicial auction.This part first analyzes the framework,advantages and disadvantages of the judicial auction system of the common law system and the civil law system,then compares the two legal systems with the online judicial auction system of our country,and summarizes and refines several suggestions applicable to the practice of the online judicial auction in our country,namely: first,to avoid corruption and to highlight judicial integrity.Second,strengthen the supervision of implementation and improve the efficiency of implementation.Third,strengthen technical support and improve protection.The third part is the empirical study of online judicial auction,taking the first auction cases of C municipal court in 2018-2019 as the research object.In this part,the online auction cases in 2018 and 2019 of the two-level courts of City C are selected for empirical research.The results of empirical research mainly include the number of online auction cases of the two-level courts of City C in recent two years,the proportion of real estate,movable property and other property ownership in the auction cases,and the auction rate and transaction rate of online auction cases of the two-level courts of city C.Based on the above data,this paper further summarizes the factors that affect the online auction turnover rate and streaming auction rate,and then divides the influencing factors into court factors,bidder factors,price factors and subject matter factors.The fourth part is the analysis of the existing judicial auction on the Internet.Based on the influencing factors of transaction rate and flow auction rate,this chapter refines the existing problems of online judicial auction from the perspectives of entity and procedure: first,the existing loopholes in entity need to be improved.Including the legal system of online judicial auction is not perfect,and the rights and interests of bidders have no clear legal protection.Second,there are loopholes in the procedure that need to be solved.Including the lack of access threshold for real estate auction,the inherent defects of real estate and other property rights are difficult to avoid,the court's online auction and publicity methods are single,the absence of external supervision results in the court's "high investment and low efficiency",and the lack of internal supervision makes it difficult to ensure the security of the platform.The fifth part is the suggestions and prospects of optimizing the online judicial auction.In this part,the key point is to solve the existing problems of online judicial auction.Through the exploration of the four dimensions of perfect legislation,fair justice,strict law enforcement and law-abiding bidding,the following specific suggestions are put forward: legislation should not only gather experience but also be innovative;Court justice should not only positively guide and broaden the way of online auction,but also strengthen the legal regulation of bidding access to improve the quality and efficiency;enforcement In the aspect of law,we can regulate the law enforcement behavior by clarifying the division of supervision responsibility of Procuratorate,strengthening the internal supervision of court and platform supervision;in the aspect of law-abiding,bidders are indispensable for honest bidding and rational participation,so as to regulate malicious price increase and regret bidding behavior.In view of this practical test and experience exploration,finally,the prospect of online judicial auction is prospected.Relying on Internet technology and taking the fast-moving train to the "artificial intelligence society",online judicial auction can not only help judicial reform and innovation,promote the construction of "smart court",but also enhance judicial credibility,establish judicial authority and add bricks and tiles to the construction of the rule of law society.