What is the full text of judicial interpretation of auction law?

In order to regulate the online judicial auction, ensure the openness, fairness, justice, safety and efficiency of the online judicial auction, and 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 actual situation of the people's courts. The full text of the judicial interpretation of the auction law is: Provisions of the Supreme People's Court on Several Issues Concerning the Online Judicial Auction of People's Courts Article 1 The online judicial auction mentioned in these Provisions refers to the public disposal of property by the people's courts through the online auction platform according to law. Article 2 The people's court shall auction and dispose of property by online judicial auction, except that laws, administrative regulations and judicial interpretations stipulate that it is necessary to dispose of property by other means or that online auction is not suitable. Article 3 Online judicial auctions shall be open to the whole society on the Internet auction platform and subject to social supervision. Article 4 the Supreme People's Court shall establish a national directory database of Internet service providers. If a network service provider applies to be included in the directory database, the online judicial auction platform it provides shall meet the following conditions: (1) It has an interface for comprehensively displaying judicial auction information; (2) Having the functions of information publicity, online registration, bidding and settlement required by these Provisions; (3) An independent system with information sharing, complete functions and technology expansion functions; (4) The program is standardized, the system is safe and efficient, and the service is of high quality and low price; (five) has a high reputation and extensive social participation in the country. The Supreme People's Court has set up a special evaluation committee to be responsible for the selection, evaluation and delisting of Internet service providers. Every year, the Supreme People's Court introduces a third-party evaluation agency to evaluate the network service providers that have been included and newly applied for inclusion in the directory database, and publish the results. Article 5 The network service provider shall be selected by the application executor from the list base; If there is no choice or the choices of multiple application executors are inconsistent, it shall be designated by the people's court. Article 6 Where an online judicial auction is implemented, the people's court shall perform the following duties: (1) Making and issuing auction announcements; (two) to understand the status quo of the auction property, the rights burden and other contents, and to explain; (three) determine the auction reserve price, the amount of deposit, tax burden, etc ... ; (four) determine the deposit, auction and other payment methods; (five) notify the parties and the right of first refusal; (6) Making an auction ruling; (seven) to handle the delivery of property and issue a notice of assistance in execution, and transfer the certificate of property rights; (8) Opening a special account for online judicial auction; (nine) other duties performed by the people's court according to law. Article 7 When implementing online judicial auction, the people's court may entrust the following auction auxiliary work to social institutions or organizations: (1) making text descriptions, videos or photos of auction property; (two) display the auction property, accept the consultation, lead the inspection, seal the samples, etc ... ; (3) Identification, inspection, evaluation, audit, storage and transportation of auction property; (four) other auxiliary auction work that can be entrusted. The necessary expenses incurred by social institutions or organizations to undertake the auxiliary work of online judicial auction shall be borne by the person subjected to execution. Article 8 To implement online judicial auction, network service providers shall undertake the following matters: (1) To provide online judicial auction platforms that comply with laws, administrative regulations and judicial interpretations, and ensure their safe and normal operation; (2) Provide a safe and convenient electronic payment docking system; (three) a comprehensive and timely display of the auction information provided by the people's court and its entrusted social institutions or organizations; (four) to ensure the truthfulness, accuracy, completeness and security of information and data in the whole auction process; (five) other work that should be undertaken by the network service provider. Internet service providers are not allowed to set backstage manipulation functions in auction procedures, such as preventing qualified bidders from registering, participating in auctions, bidding and monitoring bidders' information. The network service provider shall not interrupt the service without justifiable reasons. Article 9 A service provider of online judicial auction shall accept the management, supervision and guidance of the people's court when engaging in online judicial auction-related activities. Tenth online judicial auction should determine the reserve price, the auction reserve price is the starting price. The starting price shall be determined by the people's court with reference to the evaluation price; Without evaluation, it shall be determined with reference to the market price and solicit the opinions of the parties concerned. The starting price shall not be less than 70% of the evaluation price or market price. Eleventh online judicial auction does not limit the number of bidders. If one person participates in the auction and the bid is not lower than the starting price, the auction is completed. Twelfth online judicial auction shall be announced in advance, and the auction announcement shall be published on the online judicial auction platform in addition to legal channels. Auction of movable property shall be announced fifteen days before the auction; Auction of real estate or other property rights shall be announced 30 days before the auction. The auction announcement shall include the auction property, price, deposit, bidder's conditions, known defects of the auction property, relevant rights and obligations, legal responsibilities, auction time, online platform, auction court and other information. Article 13 Where an online judicial auction is implemented, the people's court shall publicize the following information through the online judicial auction platform on the day when the auction announcement is issued: (1) Auction announcement; (two) the legal documents on which the execution is based, except those prohibited by law; (three) a copy of the evaluation report, or the pricing basis without evaluation; (4) Auction time, starting price and bidding rules; (five) the status quo of the ownership, possession and use of the auction property and the accompanying obligations, video or photos; (6) The subject and nature of the preemptive right; (seven) notice or unable to inform the parties, the right of preemption is known; (eight) the payment method and account of auction deposit and auction money; (nine) taxes and fees that may arise from the transfer of auction property rights and the way to bear them; (ten) the name, contact information and supervision mode of the enforcement court; (eleven) other information that should be publicized. Article 14 Where an online judicial auction is implemented, the people's court shall give special hints on the following matters through the online judicial auction platform on the day when the auction announcement is issued: (1) A bidder shall have full capacity for civil conduct, and if laws, administrative regulations and judicial interpretations have special provisions on the qualifications or conditions of the buyer, the bidder shall have the prescribed qualifications or conditions; (two) entrust others to bid, it shall be confirmed by the people's court before the bidding procedure begins, and notify the network service provider; (three) the known defects and rights burden of the auction property; (four) the auction property shall be subject to the actual situation, and the bidder may apply for on-site sampling; (5) If a bidder decides to participate in the bidding, it shall be deemed that he has a complete understanding of the auction property and accepts all known and unknown defects of the auction property; (6) Publicizing the confirmation letter of auction transaction indicating the true identity of the buyer on the online judicial auction platform; (7) After the buyer regrets the auction, the deposit will not be refunded. Fifteenth the person subjected to execution shall provide relevant information and explanations on the quality of the auction property. If the people's court makes public notices and special tips in accordance with the requirements of Articles 13 and 14 of these Provisions, and declares in the auction announcement that the authenticity or quality of the auction property cannot be guaranteed, it will not bear the liability for warranty of defects. Sixteenth online judicial auction matters shall be confirmed by written notice or other reasonable means three days before the announcement of the auction. If the creditor explicitly waives his rights in writing, he may not notify. If it cannot be notified, it shall be publicized on the online judicial auction platform, and the reasons for not being notified shall be explained. After five days of publicity, it will be deemed to have been notified. If the preemptive right holder fails to participate in the bidding after being notified, it shall be deemed as giving up the preemptive right. Article 17 The amount of the deposit shall be determined by the people's court within the range of 5% to 20% of the starting price. Bidders shall pay the deposit in real name before participating in the auction, and those who fail to pay shall not participate in the bidding. If the applicant participates in the bidding, he may not pay the deposit; However, if the amount of creditor's rights is less than the deposit amount, it shall be paid according to the difference. To pay the deposit, the bidder can pay it to the account designated by the people's court, or the network service provider can freeze the corresponding amount of the bidder in the payment system provided by it. Article 18 A bidder is qualified to bid after paying the deposit and before the auction bidding procedure ends, which is confirmed by the people's court or the network service provider. Network service providers shall provide bidding codes and passwords to qualified bidders; Bidders use this code to participate in bidding. Before the end of the online judicial auction bidding procedure, the people's court and the network service provider shall keep the bidders and other information and passwords that can confirm the true identity of the bidders confidential. Nineteenth confirmed by the people's court, the preemptive right holder has obtained the priority bidding qualification, priority bidding code and password, and participated in the bidding with the priority bidding code; Without confirmation, you may not participate in the bidding as the preemptive right holder. Where the preemptive right holders in different orders apply to participate in the bidding, the people's court shall confirm their order and give them priority bidding codes in different orders. Article 20 The online judicial auction shall increase the auction price from the starting price, and the price increase range shall be determined by the people's court. The bidder's bid below the starting price is invalid. The bidding time of online judicial auction should be no less than 24 hours. If there is no bid within five minutes before the end of the bidding procedure, the final bid shall be the transaction price; If there is a bid, the bidding time will be postponed for five minutes from the bidding time. The bidding time of bidders shall be based on the time when they enter the service system of online judicial auction platform. The online bidding page should display the bidding code and bidding information in real time, and store and display the whole bidding process. Article 21. If the preemptive right holder participates in the bidding, he may bid with other bidders at the same price. If there is no higher bid, the auction property will be obtained by the preemptive right. If the preemptive right holders in different orders bid at the same price, the auction property will be obtained by the preemptive right holders in the first order. If the preemptive right holders in the same order bid at the same price, the auction property will be obtained by the preemptive right holders who bid first. Article 22 For online judicial auction, the online judicial auction platform will automatically generate a confirmation letter with the true identity of the buyer and publicize it. When the ruling on auction transaction is delivered to the buyer, the ownership of the auction property will be transferred accordingly. Twenty-third after the auction is completed, the deposit paid by the buyer can be used as the price; The deposits paid by other bidders will be refunded or unfrozen within 24 hours after the end of the bidding procedure. If the auction is not completed, the deposit paid by the bidder shall be returned or thawed within 24 hours after the bidding procedures are completed. Article 24 If the buyer regrets the auction after the auction is concluded, the deposit paid will not be refunded, which will be used to pay the auction losses, make up the difference between the re-auction price and the original auction price, and offset the debts of the person executed in this case and the debts related to the auction property. If the auction is repeated after the auction regrets, the original buyer shall not participate in the bidding. Twenty-fifth after the auction is completed, the buyer shall pay the remaining price to the account designated by the people's court within the time limit determined by the auction announcement. Within 24 hours after the auction, the Internet service provider shall remit the frozen deposit paid by the buyer to the account designated by the people's court. Twenty-sixth online judicial auction no one bid, the auction is suspended. After the auction, it should be auctioned again on the same online judicial auction platform within 30 days, and the auction of movable property should be announced seven days before the auction; Auction of real estate or other property rights shall be announced fifteen days before the auction. The price reduction of the starting price of the second auction shall not exceed 20% of the previous starting price. If it is auctioned again, it can be sold on the same online judicial auction platform according to law. Article 27 The starting price, the range of price reduction, the range of price increase, the amount of deposit and the bidding qualification and order of the preemptive right holder shall be decided by a collegiate panel formed by the people's court according to law. Twenty-eighth online judicial auction bidding procedures, according to the law should be suspended or suspended, the people's court shall decide to suspend or order to suspend the auction; The people's court may stop the auction by itself or notify the network service provider to stop the auction. Network service providers can suspend the auction in advance and report to the people's court immediately when they find emergency situations such as system failure and security risks. If the auction is suspended or suspended, the reasons or reasons shall be announced on the online judicial auction platform in time. If it is necessary to continue the auction after the expiration of the period for suspending the auction or the reasons for suspending the auction disappear, the auction shall be resumed within five days. Twenty-ninth network service providers shall keep the electronic data formed by auction intact for not less than ten years, except as otherwise provided by laws and administrative regulations. Thirtieth the taxes and fees generated by the online judicial auction itself shall be borne by the corresponding subjects in accordance with the provisions of relevant laws and administrative regulations; If there is no provision or the provision is unclear, the people's court may determine the relevant taxpayer and the tax amount according to the legal principles and the actual situation of the case. Article 31 The people's court shall support the objection raised by the parties or interested parties to cancel the online judicial auction if it meets any of the following circumstances: (1) If the written description, video or photo display and defect description of the auction property are seriously inaccurate, resulting in the buyer's serious misunderstanding, except that the technical level at the time of auction cannot be ascertained or the relevant defects and responsibilities have been publicly stated; (two) due to system failure, virus invasion, hacker attacks, data errors and other reasons, the auction results are wrong, which seriously damages the interests of the parties or other bidders; (three) malicious collusion between bidders or between bidders and online judicial auction service providers, which harms the interests of the parties or other bidders; (four) the buyer does not have the bidding qualification stipulated by laws, administrative regulations and judicial interpretations; (five) illegal restrictions on bidders to participate in bidding or put forward different bidding conditions for bidders who enjoy the same rights; (six) other serious violations of online judicial auction procedures, damage the interests of the parties or bidders. Thirty-second online judicial auction was revoked by the people's court, and if the parties, interested parties and outsiders think that the auction behavior of the people's court is illegal, they may apply for state compensation according to law; If he believes that the legitimate rights and interests of other subjects have been harmed by their illegal acts, he may file another lawsuit. Thirty-third parties, interested parties, outsiders believe that the legitimate rights and interests of online judicial auction service providers have been damaged by illegal acts, they can bring a separate lawsuit; If the reason is established, the people's court shall support it, unless there are statutory exemptions. Thirty-fourth the implementation of online judicial auction, the following institutions and personnel shall not bid or entrust others to bid for the auction property related to their behavior: (1) the people's court responsible for the implementation; (2) Network service providers; (three) social institutions or organizations that undertake the auxiliary work of auction; (four) the staff and their close relatives of the objects specified in items (1) to (3). Article 35 A network service provider shall be removed from the list database under any of the following circumstances: (1) Manipulating auction procedures or modifying auction information in violation of the second paragraph of Article 8 of these Provisions; (two) malicious collusion, fraud, disclosure of confidential information and other acts; (3) Being punished for violating laws, administrative regulations and judicial interpretations, and not suitable for continuing to engage in online judicial auctions; (four) in violation of the provisions of article thirty-fourth; (five) other circumstances that should be lifted. If an Internet service provider falls under any of the circumstances specified in the preceding paragraph, the people's court may handle it in accordance with the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC). Thirty-sixth parties and interested parties think that online judicial auction infringes on their legitimate rights and interests, they may raise objections to execution. During the period of objection and reconsideration, the people's court may decide to suspend or order to suspend the auction. If an outsider raises an objection to the subject of online judicial auction, the people's court shall handle it in accordance with Article 227 of the Civil Procedure Law of People's Republic of China (PRC) and relevant judicial interpretations, and decide to suspend or order to suspend the auction. Article 37 The sale of property by the people's court through the Internet platform shall be governed by these Provisions. In the implementation process, if an auction institution is entrusted to implement online auction through the Internet platform, these Provisions shall apply. Where there is no provision for online judicial auction in these Provisions, other relevant provisions of judicial auction shall apply. Article 38 These Provisions shall come into force as of 20 17 1+0. Where the judicial interpretations and normative documents promulgated by the Supreme People's Court before the implementation of these Provisions are inconsistent with these Provisions, these Provisions shall prevail.