我国网络司法拍卖的困境与优化

The Dilemma and Optimization of Online Ju-dicial Auction in China

网络司法拍卖是司法拍卖市场化改革的产物。最高人民法院对其作出了相关规定,在各地有关司法拍卖改革的探索中,涌现出上海、重庆、浙江三种典型模式。现行模式取得成效的同时也面临如平台覆盖面窄、买受人悔拍严重等共同困境,亟待改变。基于解决问题、凝聚共识的考量,在民事强制执行立法背景下,未来的拍卖模式应在明确网络司法拍卖法律性质的基础上,建立全国统一的网络拍卖平台,并根据买受人悔拍、标的物瑕疵等问题完善司法解释。由此形成新的更适合我国国情的网络司法拍卖模式。

The Internet judicial auction is the product of market-oriented reform of judicial auction. The Supreme people’s Court has made relevant provisions. In the reform of judicial auction in various places, three typical models of Shanghai, Chongqing and Zhejiang have emerged. While the modes have achieved results, they also face common difficulties such as narrow platform coverage and serious buyers’ remorse, which need to be changed urgently. Based on the consideration of solving the problem and building consensus, and in the context of civil enforcement legislation, the future judicial auction mode should establish a national unified online auction platform on the basis of clarifying the legal nature of the online auction, and according to the buyers’ regret, the subject matter defects and other issues to improve the judicial interpretation. Therefore, a new network judicial auction model is formed, which is more suitable for the national conditions of our country.