| The judicial auction system,which has been in the process of constant reform and exploration,is a relatively new thing.Judicial auction system originated in modern times,although it can be traced back to the Qing Dynasty,but the system did not really establish,the Qing Dynasty perished.After the founding of the People's Republic of China,the judicial auction system was gradually established,which was specifically implemented by the executive body within the people's court.At this time,the judicial auction is organized by the court's own judges in the court,which makes the judicial discretion difficult to be effectively regulated and limited,but gives the breeding ground of judicial corruption.After the first mock exam,the mode of judicial auction in China is changing with the development of the times.The whole process of the court's operation is conducted by the principal body.The purpose of the court is also very clear,that is,to intervene in an intermediary institution,and to prevent the corruption of the secretary's law from happening.It also plays a positive role in the realization of the pattern of fairness and justice.However,in the process of its continuous operation,the profitability of the auction house makes it possible to establish relations with the court and its judges,expand its business,pursue market share and maintain potential business relations.In this kind of judicial auction mode,judicial corruption is becoming more and more serious and more hidden,which is hard to be noticed.At the same time,there is a necessary expenditure for entrusting auction institutions to carry out judicial auction,that is,high commission expenditure,which to a certain extent makes the legitimate interests of bidders,applicants and the persons subjected to execution,and to a certain extent is not conducive to the smooth completion of auction.In the face of various problems in practice,article 247 of the new civil procedure law is revised on the original basis,further improving the judicial auction system.With the development of science and technology in our country,a new auction mode-online auction comes into being,and it is accepted by people quickly.When the courts at all levels explore the new mode of judicial auction,they all think of the Internet application.Since 2010,there have been four kinds of judicial auction modes in China.Although these kinds of online judicial auction modes have their own characteristics,they are still "fighting alone" in essence and lack of unified guidance and normative procedural provisions.After analyzing and investigating the specific situation of online judicial auction in China,the Supreme People's Court promulgated the provisions on several issues of online judicial auction of the people's Court(hereinafter referred to as the provisions on online auction).Based on the research of the background of "Regulations on online auction",this paper discusses the current situation and problems of online judicial auction in China,and draws new conclusions according to my own thoughts,hoping it will be helpful to the improvement of online judicial auction in China.This paper consists of four parts.In the first part,it briefly summarizes the online judicial auction in China.As for the definition of online judicial auction,this paper adopts the broad concept,which has the nature of public law.The second part discusses the emergence and development of online judicial auction in China.By discussing the evolution of judicial auction in civil execution and combining with the rise of online auction,we can see that the emergence of online judicial auction has its inevitability.At the same time,it analyzes the development stage of China's online judicial auction,analyzes and compares four main modes of China's online judicial auction in different regions,and concludes that Taobao mode is more suitable for the current situation of China's judicial auction,and more conducive to promoting the development of the judicial auction system.The third part discusses the problems of online judicial auction in the judicial practice of our country.Specifically,analyses from the imperfect legal system,the problems existing in the subject of the online judicial auction,the protection of the rights of stakeholders,the conflict between the online judicial auction and administrative management,and the lack of regulatory mechanism,to find the problems in the practical application.The fourth part is the suggestions on the improvement of online judicial auction in China.According to the problems analyzed in the third part,the corresponding countermeasures are put forward.After the discussion of the above four parts,I hope to help solve the new problems in the judicial practice of online judicial auction. |
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