Judicial interpretation of online auction regulations

Judicial auction refers to the behavior that the people's court conducts or entrusts the auction company to publicly dispose of the debtor's property in accordance with the procedure in the execution procedure of civil cases in order to pay off the creditor's rights.

The relevant provisions of judicial auction are as follows: According to Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts, the online judicial auction mentioned in these Provisions refers to the public disposal of property by people's courts through online auction platforms according to law.

Article 2. When the people's court disposes of property by auction, it shall adopt the online judicial auction, except that laws, administrative regulations and judicial interpretations stipulate that it is necessary to dispose of property by other means or it is not appropriate to dispose of property by online auction.

Article 3. The online judicial auction shall be open to the whole society on the Internet auction platform and subject to social supervision.

Provisions of the Supreme People's Court on Civil Auction and Sale of Property by People's Courts were adopted by the Judicial Committee of the Supreme People's Court at its1330th meeting on October 26th, 2004, and came into force on October 26th, 2005. Its contents are as follows: In order to further standardize the auction and sale measures in civil execution. In order to safeguard the legitimate rights and interests of the parties, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and the practical experience of the people's courts in civil enforcement. Article 1 In the execution procedure, after the property of the person subjected to execution is sealed up, detained or frozen, the people's court shall auction, sell off or take other execution measures in time. Article 2 The people's court shall, in dealing with the sealed-up, distrained or frozen property, first adopt the auction method, unless otherwise stipulated by the court or judicial interpretation. Article 3 The people's court shall entrust an appraisal institution with corresponding qualifications to auction the property of the person subjected to execution, and supervise the auction behavior of the auction institution, except as otherwise provided by laws and judicial interpretations. Article 4 When auctioning property, the people's court shall entrust an appraisal institution with corresponding qualifications to conduct price appraisal. If the value of the property is low or the price can be easily determined according to the usual methods, the evaluation can be omitted. Both parties and other enforcement creditors apply for non-evaluation. The people's court shall allow it. When the people's court evaluates the equity of the person subjected to execution, it may order the relevant enterprises to provide accounting statements and other materials; If the relevant enterprise refuses to provide it, it can be forcibly extracted. Article 5 An authentication institution shall be determined by the people's court after the parties reach an agreement through consultation. If negotiation fails, it shall be randomly determined from the list of evaluation institutions determined by the people's court in charge of execution or the people's court where the property of the person subjected to execution is located; The people's court shall allow the parties to apply for the determination of an evaluation institution through public bidding. Article 6 After receiving the evaluation report of the evaluation institution, the people's court shall send it to the parties and other interested parties within five days. If the parties concerned or other interested parties have any objection to the evaluation report, they may submit it to the people's court in writing within ten days after receiving the evaluation report. Seventh auction institutions shall be determined by the people's court after the parties reach an agreement through consultation; "Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts" cannot be negotiated, and the list of auction institutions determined by the people's court in charge of execution or the people's court where the property of the person subjected to execution is located shall be determined by random method; The people's court shall recognize the application of both parties to determine the auction institution through public bidding. Article 8 The reserve price shall be determined by auction. The reserve price of auction shall be determined by the people's court with reference to the evaluation price; If no evaluation is made, it shall be determined with reference to the market price, and the opinions of the parties concerned shall be sought. The reserve price determined by the people's court shall not be lower than 80% of the evaluation or market price at the first auction; If there is an auction, the reserve price may be reduced as appropriate when the auction is held again, but the amount reduced each time shall not exceed 20% of the last reserve price. Article 9 After the reserve price is determined, according to the reserve price of this auction, if the auction proceeds have no possibility of remaining after paying off the priority creditor's rights and execution expenses, the applicant shall be informed of the relevant situation before the auction is implemented. If the executor of the application applies to continue the auction within five days after receiving the notice, the people's court shall allow it, but the reserve price shall be re-determined; The re-determined reserve price shall be greater than the total amount of priority creditor's rights and execution expenses. In accordance with the provisions of the preceding paragraph, the auction fees shall be borne by the applicant. Article 10 The executor shall make necessary investigations on the ownership, possession and use of the auction property, make a record of the investigation on the current situation of the auction property or collect other relevant information. Eleventh auction should be announced in advance. Auction of movable property shall be announced seven days before the auction; Auction of real estate or other property rights shall be announced fifteen days before the auction. Article 12 The scope and media of auction announcement shall be determined by both parties through consultation; If negotiation fails, the people's court shall make a judgment. If the auction property has professional attributes, it shall be announced in professional newspapers at the same time. If a party applies for an announcement in other news media or requests to expand the scope of the announcement, it shall be allowed, but the expenses for this part of the announcement shall be borne by itself. Thirteenth auction of immovable property, other property rights or movable property with high value, the bidder shall pay a deposit to the people's court in advance before the auction. Where an applicant for enforcement participates in the bidding, he may not pay the deposit in advance, and the amount of the deposit shall be determined by the people's court, but it shall not be less than 5% of the evaluation price or market price. Those who should have paid the deposit in advance but failed to pay it shall not participate in the auction. After the auction is completed, the deposit paid in advance by the buyer will offset the price, and the deposit paid in advance by other bidders will be refunded within three days; If the auction fails, the deposit shall be returned to the bidder within three days. Article 14 Five days before the auction, the people's court shall notify the parties concerned and the known holders of security interests, preemptive rights or other priority persons to be present on the auction day in writing or in other appropriate ways that can confirm receipt. Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts If the preemptive right holder fails to show up after being notified, it shall be deemed as giving up the preemptive right. Fifteenth laws and administrative regulations have special provisions on the qualifications or conditions of the buyer, the bidder shall have the prescribed qualifications or conditions. The application executor and the person subjected to execution may participate in the bidding. Article 16 In the auction process, when there is the highest bid, the preemptive right holder may indicate to buy and accept it with the highest bid; If there is no higher bid, it will be taken back to the preemptive right holder; If there is a higher bid, but the preemptive right holder does not express it, it will be auctioned to the bidder with the highest bid. If multiple preemptive rights holders in the same order express their acceptance at the same time, the buyer shall be determined by drawing lots. Article 17 When auctioning multiple properties, if the sale price of some properties is enough to pay off debts and pay the expenses that the person subjected to execution should bear, the auction of the remaining properties shall be stopped, unless the person subjected to execution agrees to auction them all. Article 18 If multiple properties cannot be used separately or their value may be seriously impaired by separate auctions, they shall be auctioned together. Article 19 If there is no bidder at auction or the highest bid price of the bidder is lower than the reserve price, if the application executor or other enforcement creditors present at the auction apply for or agree to accept the auction property at the reserve price set at auction, they shall hand it over to pay off their debts. If two or more enforcement creditors apply for auction of property to pay off debts, the creditor with the first legal repayment order will be given priority; If the repayment order is the same, the beneficiary shall be determined by drawing lots. If the amount of creditor's rights payable by the debtor is lower than the price of the collateral, the people's court shall order it to make up the difference within a time limit. Article 20 Before the auction begins, the people's court shall revoke the auction entrustment under any of the following circumstances: (1) The effective legal documents based on which the auction is executed are revoked; (2) The application executor and other enforcement creditors withdraw the application for enforcement; (3) The person subjected to execution has fully fulfilled the monetary debts determined by legal documents; (four) the parties have reached a settlement agreement, and there is no need to auction the property; (5) The outsider raises legitimate objections to the auction property; (6) Auction institutions collude with bidders in bad faith; (seven) other circumstances in which the auction commission should be revoked. Article 21 If the people's court should suspend or stop the execution according to law after entrusting the auction, it shall decide to suspend the execution or make a ruling to suspend the execution, and notify the auction institution and the parties in time. After receiving the notice, the auction institution shall immediately stop the auction and notify the bidders. If it is necessary to continue the auction after the expiration of the suspension period or the disappearance of the reasons for suspension, the people's court shall notify the auction institution to resume the auction within 15 days. Article 22 If the person subjected to execution submits the full amount to the people's court to pay off the debt before the auction date and requests to stop the auction, the people's court shall allow it, but the necessary expenses for the auction shall be borne by the person subjected to execution. Article 23 If an auction is concluded or the debt is paid off with the auction property, the people's court shall make a ruling and serve it on the buyer or receiver within 10 days after paying the price or the difference. Article 24 After an auction is completed, the buyer shall pay the price to the people's court or remit the price to an account designated by the people's court within the time limit specified in the auction announcement or the time limit designated by the people's court. Article 25 If the buyer fails to pay the price or the receiver fails to make up the difference within the time limit after the auction is completed or the debt is paid off with the auction property, the people's court may order a new auction. When auctioning again, the original buyer shall not participate in the bidding. The original buyer shall bear the auction price difference, cost loss and original auction commission caused by the re-auction price being lower than the original auction price. The people's court may directly deduct it from the deposit paid in advance. If the deposit remains after deduction, it shall be returned to the original buyer; If the deposit amount is insufficient, the original buyer may be ordered to return it; Refusing to pay, compulsory execution. Article 26 If there is no bidder in the auction or the highest bid price of the bidder is lower than the reserve price, and the application executor or other enforcement creditors present fail to apply for paying off debts at the reserve price set in this auction, they shall auction again within 60 days. Article 27 The people's court may, in accordance with the provisions of Article 19 of these Provisions, change the price of the movable property that is still auctioned in the second auction and hand it over to the executor or other creditors to pay off the debts. If the person subjected to execution or other creditors refuse to accept it or fail to deliver it to pay off the debts according to law, the people's court shall lift the seal-up and seizure and return the movable property to the person subjected to execution. Article 28 The people's court may, in accordance with the provisions of Article 19 of these Provisions, transfer the real estate or other property rights that are still auctioned in the second auction to the application executor or other enforcement creditors for paying off debts. If the application executor or other enforcement creditors refuse to accept or fail to pay off the debts according to law, the third auction shall be held within 60 days. If the third auction fails and the applicant executor or other enforcement creditors refuse to accept the real estate or other property rights to pay off debts according to law, the people's court shall issue a notice of sale within seven days from the end of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of announcement, and the application executor and other enforcement creditors still refuse to accept the property to pay off their debts, the seizure and freezing shall be lifted and the property shall be returned to the person subjected to execution, except that other enforcement measures can be taken for the property. Article 29 After a movable property is auctioned or paid off, its ownership shall be transferred to the buyer or assignee upon delivery of the movable property. After the auction of real estate, registered specific movable property or other property rights is successful or the debt is paid off, the ownership and other property rights of the real estate and specific movable property will be transferred from the end of the auction or when the debt payment judgment is served on the buyer or receiver. Article 30 After the people's court has ruled that the auction is completed or the debts are paid off with the auction property, it shall hand over the auction property to the buyer or assignee within 15 days after the ruling is served, unless it cannot be handed over according to law. If the person subjected to execution or a third party refuses to hand over the auction property, it shall be enforced. Article 31. The original security interest and other priority rights on the auction property shall be destroyed by auction, and the proceeds from the auction shall be used to pay off the creditor's rights of the security interest holder and other priority rights holders in priority, unless otherwise agreed by the parties. If the original lease right and other usufructuary right on the auction property are not extinguished by the auction, but the right continues to exist on the auction property, which has an impact on the realization of the priority security right or other priority rights, the people's court shall cancel it according to law and conduct the auction. Article 32 If an auction is concluded, the auction institution may charge the buyer a commission according to the following proportions: if the starting price is below 2 million yuan, the commission rate shall not exceed 5%; The part exceeding 2 million yuan to 6.5438+million yuan shall not exceed 3%; The part exceeding 6,543,800 yuan to 50 million yuan shall not exceed 2%; The part exceeding 50 million yuan to 65.438+0 billion yuan shall not exceed 654.38+0%; The part exceeding 1 100 million yuan shall not exceed 0.5%. If the auction institution is determined by public bidding, the commission shall be charged according to the amount determined by the winning bid plan. If the auction is not completed or the auction commission is withdrawn due to reasons other than the auction institution, the reasonable expenses paid by the auction institution for this auction shall be borne by the person subjected to execution. Article 33 Where the state-owned shares and social legal person shares of listed companies are auctioned in the execution procedure, the Provisions of the Supreme People's Court on Several Issues Concerning Freezing and Auction of State-owned Shares and Social Legal Person Shares shall apply. Thirty-fourth of the sealed up, seized or frozen property, the parties and the relevant rights holders agree to sell, you can sell. The people's court may order the sale of gold and silver and its products, movable property with publicly traded prices in the local market, perishable goods, seasonal goods, and articles that are difficult to keep or are too expensive to keep. Article 35 If the parties and the relevant obligee have agreed on the price of the property to be sold, they shall sell it at the agreed price: if there is no agreed price but there is a market price, the changed price shall not be lower than the market price; If there is no market price, but the value is large and the price is difficult to determine, an evaluation institution shall be entrusted to evaluate the sale according to the evaluation price. If the evaluation price of the license fails to be sold, it can be sold at a low price, but the minimum resale price shall not be less than half of the evaluation price. If the property sold is not purchased, the provisions of Article 19 of these Provisions shall apply and it shall be handed over to the application executor or other enforcement creditors to pay off the debts; If the application executor or other enforcement creditors refuse to accept or fail to pay the debt, the people's court shall lift the seal-up or seizure and return the property to the person subjected to execution. Thirty-sixth the provisions shall come into force as of June 6, 2005. If the judicial interpretation published before the implementation of this court is inconsistent with these provisions, these provisions shall prevail.