At 10:00 on September 7, the Qinhuai District People’s Court of Nanjing City, Jiangsu Province conducted a judicial auction of an Apple 7 mobile phone on Taobao. No one expected that this ordinary auction item would fetch a "sky-high price" of more than 270,000 yuan. The auction attracted great attention from the society. ''
At 21:00 on September 9, the Qinhuai District Court reported the relevant investigation results. The court fined the "pranksters" Liu Moumou and Che Moumou respectively 20,000 yuan and 10,000 yuan. .
The "prankster" was punished, but the discussion sparked by the incident continues. Some insiders believe that relevant mechanisms need to be further improved for new issues, and those who maliciously obstruct judicial activities in online auctions should be punished in accordance with the law.
Compared with auctions such as Apple mobile phones, other online auctions of properties subject to execution are much deserted. In many online auctions of properties being executed, there are many onlookers and few participants. Some properties were even sold at auction prices that were hundreds of thousands of yuan lower than the assessed value. How many legal issues are there behind the "explosion" of the Apple 7?
"This is a new situation encountered by the Jiangsu court since January 2014 when it entered the Taobao judicial auction platform and conducted judicial online auctions." Jiangsu Huang Tao, Executive Bureau of the Provincial Higher People's Court, believes that in recent years, judicial online auctions have made up for the problems of "black-box operations" and "bid rigging" in traditional auctions, purified the environment of judicial auctions, and have become more and more widely recognized by the parties and the public. However, It cannot be ruled out that the issue of arbitrary rights exposed in this case is an attempt to interfere with the court's execution of the auction.
The "Bidding Instructions" stipulates that before the bidder confirms the bid for the auction object for the first time, he should follow the Taobao system prompts to register and pay a deposit of 20 yuan, and the system will automatically freeze the amount. If the auction is completed, the frozen deposit of the winner of the subject matter (hereinafter referred to as the buyer) will be automatically transferred to the account designated by the court, and the deposits of other bidders will be released immediately after the auction.
The "Bidding Instructions" also clarifies that after the auction is completed, the buyer should pay the money into the account designated by the court before 17:00 on September 15, 2017, and pay it to the account designated by the court before 17:00 on September 22 (with the court Finance office receipts, payment vouchers and relevant identity materials, entrustment procedures and other original documents) go to the Qinhuai District Court to sign the "Auction Transaction Confirmation" and receive the auction payment receipt, and handle the handover procedures within five working days after signing the confirmation.
Among them, the court also reminded bidders to be cautious when participating in the auction. If the buyer fails to pay the auction price overdue and hinders the normal execution of the People's Court, the court will pursue the buyer according to the seriousness of the case and in accordance with the provisions of the Civil Procedure Law. The relevant legal responsibilities of the person shall be punished by fines, detention and other penalties in accordance with the law. At the same time, the court can order a new auction.
According to regulations, when the auction is re-auctioned, the original buyer is not allowed to participate in the bidding. If the buyer regrets the auction after the auction is completed, the deposit paid will not be refunded and will be used to pay for the cost losses incurred during the auction, make up for the difference between the re-auction price and the original auction price, offset the debt of the person subject to execution in the case, and the auctioned property. Relevant debts of the person being executed.
Some people find it funny because they don’t understand the law. Increase the price maliciously. It's better now. Imprisoned and fined.