(a) has a comprehensive display of judicial auction information interface;
(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 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 The people's court may entrust the following auxiliary auction work to social institutions or organizations when implementing online judicial auction:
(1) Making written descriptions, videos or photos of the 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. Eighth the implementation of online judicial auction, network service providers shall undertake the following matters:
(1) Providing an online judicial auction platform that complies with laws, administrative regulations and judicial interpretations, and ensuring its 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 up 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. Thirteenth the implementation of online judicial auction, the people's court shall publicize the following information through the online judicial auction platform on the day of the auction announcement:
(1) Announcement of auction;
(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.