Legal analysis
According to the relevant laws and regulations, judicial auction refers to the behavior that the people's court conducts or entrusts an auction company to publicly dispose of the debtor's property in order to pay off the creditor's rights in the execution procedure of civil cases. Judicial auction includes two kinds: compulsory auction by the court and auction of bankrupt enterprises entrusted by the liquidation administrator. Countermeasures of judicial auction: First, strengthen the announcement of judicial auction of subject matter information. We should make full use of the platform of the people's court litigation assets network, increase the publicity of the people's court litigation assets network, and let more people know about this platform. The second is to strengthen the collection of information on the defects of the subject matter, so that bidders can fully understand the auction subject matter. Third, for the auction of real estate, refer to the practices of Shanghai and other places. After the auction is completed, the transfer taxes and fees shall be handled according to relevant regulations, that is, the taxes and fees shall be borne separately, which further highlights the fairness of the auction. Fourth, adopt different evaluation methods for different assets. Some assets with large amount can't be bought by ordinary people, and people with financial strength are unwilling to spend energy and money on idle assets. If assets cannot be realized, they will only depreciate more and more. Therefore, if it is the means of production, it should be evaluated through the liquidation algorithm, attracting people's attention at a reasonable low price, allowing bidders with funds and strength to participate in the competition and promote the realization of assets.
legal ground
"Provisions of the Supreme People's Court on Several Issues Concerning the Online Judicial Auction of People's Courts" Article 4 the Supreme People's Court shall establish a national 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.