Article 1 Responsibilities The scope of online judicial auction assistance undertaken by online judicial auction assistance institutions is as follows:
(a) to assist the judge or the person subjected to execution in investigating the ownership certificate, other rights certificate, lease and actual possession, physical condition, quality defects, transaction taxes and fees, etc. Responsible for the record, data collection and filing of auction property;
(2) Making written descriptions, photos or videos of the auction property;
(three) the drafting of the "auction notice" and other documents and materials, submitted to the executive judge for review;
(four) public auction property information, according to the characteristics of the auction property to promote the auction information to potential bidders;
(five) to accept the consultation (telephone, on-site consultation, etc.). ), publicize the relevant laws and judicial interpretations of online judicial auction, and guide bidders to participate in the auction and receive samples;
(six) to assist the judge or the person subjected to execution to clean up the scene, carry and break the lock;
(seven) warehousing, storage and transportation of auction property;
(eight) other tasks that should be completed by the court.
The judge shall perform the duties such as determining the auction reserve price, deposit amount, tax burden, notifying the parties and the preemptive right holders, making an auction ruling, handling property delivery, and formulating the distribution plan, and shall not entrust an auction auxiliary agency to handle them.
Article 2 List of auxiliary institutions Each intermediate people's court may establish a list of auxiliary institutions for online judicial auction according to the number of cases in its jurisdiction. There are not less than 3 general institutions and not less than 8 in Chengdu. The Higher People's Court of Sichuan Province is responsible for establishing the directory database of online judicial auction auxiliary institutions applicable to the courts in the whole province, which is composed of the directory database auxiliary institutions of the intermediate people's courts. The grass-roots people's court shall select auxiliary institutions from the list of auxiliary institutions of the intermediate people's court or the Sichuan Higher People's court, and shall not establish a separate list of auxiliary institutions.
Article 3 Institutional warehousing procedures The list database management of online judicial auction auxiliary institutions adopts the mode of voluntary application, centralized evaluation and dynamic management of online judicial auction auxiliary institutions. The intermediate people's court shall, through the procedures of announcement, preliminary qualification examination, ability test of employees, comprehensive evaluation, etc., select the auxiliary institutions of online judicial auction fairly, openly and justly. The executive board of the intermediate people's court shall be responsible for the preliminary examination of the qualifications of employees and the ability test, and the comprehensive evaluation shall be led by the executive board of the intermediate people's court, and the comprehensive evaluation committee shall be composed of representatives of the audit management office, the technical department, the discipline inspection and supervision department and the executive board of the grassroots people's court. After the auxiliary institutions of online judicial auction selected by the intermediate people's courts are reported to the Sichuan Higher People's Court for the record, the Sichuan Higher People's Court will uniformly disclose the list of auxiliary institutions of online judicial auction to the public.
Article 4 The storage of general auxiliary institutions requires that online judicial auction auxiliary institutions applying for inclusion in the directory database shall meet the following conditions:
(1) A legal person or an unincorporated organization registered in China according to law shall have a paid-in registered capital of not less than 3 million yuan, except for a notary public.
(2) Having business premises and facilities suitable for the auxiliary work of online judicial auction in its local business;
(3) Having professionals and regular staff in the fields of law, appraisal, photography, video editing, VR shooting and production. Suitable for business development;
(four) there is a customer service center, which can provide 24-hour free consultation service;
(5) It has a service supervision software platform, which can completely save information and materials such as on-site inspection, telephone (network) consultation, sample guidance and batch delivery. , and can be kept in the whole process, which can be synchronized with the background data of online judicial auction platforms such as Taobao and JD.COM, and the background data can be supervised by the people's court in real time;
(six) other conditions required for the people's court to undertake the auxiliary work of online judicial auction.
Article 5 A legal person or an unincorporated organization in which the staff of a people's court or their close relatives or spouses are legal representatives, principal responsible persons, actual controllers or shareholders shall not undertake the auxiliary work of online judicial auction. Two or more legal persons or unincorporated organizations with the same natural person as the legal representative or the same natural person or legal person as the controlling shareholder may not be included in the same list. The legal person or non-legal person organization belonging to each racquet platform in the list of the Supreme People's Court judicial auction network service providers shall not undertake the auxiliary work of online judicial auction.
Article 6 Institutions shall select the auxiliary institutions of online judicial auction according to the principle of "entrusting one case at a time". The people's court shall notify the executor of the application to select an online judicial auction auxiliary institution from the list within a specified time limit. If the respondent fails to choose within the time limit or the choices of multiple executors are inconsistent, the people's court shall randomly select an auxiliary institution from the list of online judicial auction auxiliary institutions in the region through the electronic information platform of professional institutions entrusted by the Sichuan court. If the applicant or the person subjected to execution requests to select an auxiliary institution in the list database of the whole province, the enforcement court shall allow it.
Article 7 Entrust provincial courts in different places to establish a remote cooperation mechanism for online judicial auction assistance. If the auction target is outside the jurisdiction of the enforcement court, the enforcement court may randomly select the auxiliary institutions of judicial auction from the list where the target is located, and entrust them to carry out relevant work through the electronic information platform of professional institutions entrusted by the Sichuan court.
Article 8 Entrusting Procedure If the people's court entrusts an online judicial auction auxiliary institution to undertake the auxiliary work of judicial auction, it shall notify the relevant institution to sign an entrustment agreement. The entrustment agreement shall clearly stipulate the scope, work requirements, charging principles and standards of auxiliary work. The relevant institutions shall carry out their work in accordance with the entrustment agreement.
Article 9 The auxiliary institution of online judicial auction for document production shall, within 2 working days from the date when the executive court decides to adopt the auction method, submit the text description, photos, videos and other materials required for the auction announcement to the executive court. Under normal circumstances, there should be no less than 10 photos and no less than 2 minutes of videos that meet the shooting requirements.
Article 10 The judicial auction auxiliary institution of auction promotion network shall publicize the auction property information to the public, post an auction announcement at the place where the property is located, push the auction property information and the way to participate in the auction to the parties and priority purchasers, and publish the auction property information on WeChat WeChat official account (Weibo, website) and other media. When accepting telephone consultation, the online judicial auction auxiliary institution shall record the consultation process, register the information of the intended bidders, and introduce the basic information of the known subject matter in detail. Organize at least one centralized on-site sample viewing, and notify the registered potential bidders to go to the site to see the samples before centralized sample viewing.
Article 11 Fees Standard If the auxiliary institutions of online judicial auction provide services in Items (1), (2), (3), (4) and (5) of Article 1 of these Measures for the enforcement court, the service fees of the auxiliary institutions shall be determined according to the following standards:
(1) The service fee for auction of real estate by auxiliary institutions shall not exceed 8‰ of the transaction price, and the province shall implement three-zone ladder charges according to the location of auction of real estate, and the Sichuan Higher People's Court shall issue or adjust the service fee standard every two years (see Annex1);
(2) If the transaction price of movable property is less than 50,000 yuan, the service fee of auxiliary institutions shall be determined between 50 yuan and 1 10,000 yuan, and the part exceeding 50,000 yuan shall not exceed 8 ‰;
(3) Other properties refer to movable property to determine the service fees of auxiliary institutions.
The service fee of auxiliary institutions of a single real estate shall not exceed 1 ten thousand yuan. The service fee of auxiliary institutions for a single movable property or other property rights shall not exceed 5,000 yuan. The service fee paid by an auxiliary institution for a single case shall not exceed 20,000 yuan. If the property auction needs to entrust auxiliary services such as warehousing, storage and transportation, the enforcement court may entrust other social professional institutions or organizations outside the directory of auxiliary institutions to provide professional services, and if there are provisions on fees in laws, regulations, judicial interpretations or industries, they shall be charged according to the provisions; If there is no provision, it will be charged according to the market price.
Article 12 The service fee of the auxiliary institution shall be borne by the person subjected to execution, and shall be paid by the enforcement court from the auction transaction price within 10 days from the date when the ruling on auction transaction is served. If the online judicial auction or sale is not completed, the application executor accepts the payment in kind or the third party purchases it at the auction price, or the application executor applies for withdrawing the online judicial auction, the application executor shall pay the necessary actual expenses to the online judicial auction auxiliary institution with reference to the local reimbursement standards for lost time and travel expenses. If the online judicial auction or sale is not completed, and the application executor does not accept the debt in kind, no auxiliary service fee will be charged. If the transaction amount of online judicial auction is less than 2000 yuan, no auxiliary service fee will be charged. If the auxiliary work of online judicial auction is handled by the enforcement court itself, the service fee for auxiliary work shall not be charged.
Thirteenth bidders online judicial auction auxiliary institutions can provide taxpayers with intermediary services such as tax payment, agency loans and transfer. The intermediary service fee shall be determined by the bidder through consultation with the online judicial auction auxiliary institution, and the service contract shall be submitted to the enforcement court for filing. Internet service institutions shall not force or induce bidders to purchase and pay taxes, apply for loans and transfer services in disguised form.
Article 14 After the service is terminated, the auction target is put on record, the property is delivered, and the Notice of Assisting in the Implementation of Property Ownership Transfer is issued, the contract of entrusted auxiliary service is terminated. Auxiliary institutions shall keep and file the data of the whole process of auxiliary services, and make a report on the work of auxiliary services of racquet and submit it to the enforcement court.
Article 15 The process supervision execution court and the superior court of the execution court have the right to supervise the business work of the third-party service institutions in the whole process, and can inspect the site, interview senior management personnel, obtain audio and video consultation materials, consult online consultation records, and consult internal management systems and related documents. The enforcement court has the right to immediately ask the third-party service agency to explain the situation, obtain relevant certification materials, and inspect it on the spot when necessary. If it is found that the reported illegal act is true, the enforcement court has the right to directly terminate the entrustment contract with the third-party service organization, and the enforcement court may decide or report to the higher court to remove the auxiliary organization of online judicial auction, and make an announcement in official website, the people's court.
Article 16 Dynamic Supervision The Higher People's Court of Sichuan Province and the intermediate people's courts shall open the illegal reporting telephone or online reporting channels to the public, and comprehensively evaluate the service quality, attitude and style of the online judicial auction auxiliary institutions every year, and the evaluation results shall be publicized to the public. For auxiliary institutions with poor comprehensive evaluation, the Sichuan Higher People's Court and the intermediate people's courts may decide not to entrust cases or remove the list of auxiliary institutions within a certain period of time.
Seventeenth institutions to withdraw from the online judicial auction auxiliary institutions in any of the following circumstances, the court that established the list database shall delete it from the list database and report it to the Sichuan Higher People's Court for the record:
Failing to meet the warehousing qualifications and conditions;
(two) through improper means to enter the network judicial auction auxiliary institutions list database;
(3) refusing to accept the entrustment of the enforcement court without justifiable reasons;
(4) Subcontracting or subcontracting the entrusted work;
(five) the auxiliary work provided does not meet the requirements and refuses to rectify;
(six) exaggerating or narrowing the defects of the auction property by fabricating or fabricating, which hinders the fair bidding of bidders;
(seven) do not fully disclose the information of the property being auctioned, and induce interested bidders to buy investigation services;
(eight) to provide online judicial auction assistance to bidders related to auction property;
(nine) to collect fees from bidders for the work within the scope of the entrustment agreement;
(ten) forcing or disguised to induce bidders to buy and pay taxes, loans, transfer and other intermediary services;
(eleven) do not obey the supervision and management of the people's court;
(twelve) in violation of confidentiality provisions, revealing the secrets of the trial and execution of the people's court;
(13) Shareholders, staff members and their close relatives of online judicial auction auxiliary institutions bid or entrust others to bid for auction property related to their online judicial auction auxiliary work;
(fourteen) in the process of accepting the entrustment, the auxiliary personnel of the online judicial auction accept the property of the parties and the intended bidders or treat them;
(fifteen) other circumstances that should be removed from the list.
Eighteenth from the online judicial auction auxiliary institutions, three years shall not be included in the list of the people's court of our province to establish a library. The legal representative, principal responsible person and controlling shareholder of the delisted institution established separately or renamed by the original delisted institution shall not be included in the list library established by the people's court of our province within three years.
Nineteenth online judicial auction auxiliary institutions to provide inspection materials, such as errors, including text materials, videos, photos, etc. , causing relevant losses to the enforcement court, bidders, buyers or other subjects, it shall be liable for compensation according to law. The auxiliary organization of online judicial auction accepts consultation and guides bidders to provide false, major omissions or expired information in the process of sample viewing. The enforcement court has the right to demand immediate correction, and if the circumstances are serious, it may terminate the entrustment contract; If losses are caused to the enforcement court or bidders, they shall be liable for compensation according to law.
Twentieth approach by the Sichuan Provincial Higher People's court is responsible for the interpretation of. These Measures shall be implemented as of the date of promulgation.
2020-202 1 charging standard of real estate auction entrusted by Sichuan tertiary court;