Let the judge take the goods: one hours judicial auction by a court has a turnover of more than 100 million yuan

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 Let the judge take the goods: one hours judicial auction by a court has a turnover of more than 100 million yuan


Its a bright yellow imitation cashmere coat with a price of about 600 yuan, starting at only 1 yuan in Xia Jies live studio. Lets have a look. There are also tags. Our clothes are brand new!

Unlike most of the showy and fashionable presenters, Xia Jie only wore light makeup, a black judges uniform, a red tie and a small legal emblem on her left chest. She is the executive director of Qinhuai District Court in Nanjing, a post judge, and her live studio is the judicial auction site of Qinhuai District Court.

Since 2017, courts at all levels have tried Internet judicial auction. So far, 7 platforms have provided judicial online auction services, including taobao.com, jingdong.com, peoples court litigation asset.com, and gongpai.com.

Since December 2019, more than ten courts, including Qinhuai court, have successively opened online live judicial auctions. In the live room, the judges changed into shopping anchors, answering the questions of netizens and babies, and started the business of carrying goods selling cars, houses and minks.

However, bring goods is never the only purpose of live judicial auction. Once upon a time, the pain in the offline judicial auction, such as the high commission of auction institutions, the frequent occurrence of bid collusion and the risk of integrity in the court, gradually disappeared in the Internet auction and live auction.

Mink, villa, big gold chain

On December 21, 2019, in the corner of the execution Hall of Qinhuai court, a dark blue background cloth was marked with the words auction and live broadcast. This is an electronic screen, usually used to display court notice or Laolai information.

In order to broadcast the auction live, the table in the conference room was moved to the front of the electronic screen. A tripod and camera were set up less than two meters in front of the table, and a professional light supplement studio was next to it.

In addition to Xia Jie, there are two anchors in the live broadcast: orange, a professional anchor invited from the live broadcast company, and Fei Yuejin, the head of online shooting in Qinhuai court. The three persons have a clear division of labor. Orange is responsible for activating the atmosphere and controlling the process. Xia Jie and Fei Yuejin are responsible for telling the background of the auction and relevant legal knowledge.

Different from ordinary live delivery of goods, in order to become a buyer of live delivery of judicial auction, bidders must pay 5% - 20% of the starting price of the auction deposit in advance. In this live broadcast, Qinhuai court sold four 500 womens coats, starting at 1 yuan each, with a deposit of 0.2 yuan.

On December 21, 2019, staff of the Qinhuai court in Nanjing are trying on the red coat of the auction.

Fei Yuejin introduced the source of these clothes before he could go to the specific exhibition. They come from a dispute over a sales contract - a garment company in Nanjing owes money to a processing enterprise. Because there is no property available for execution under the name of the garment company, after the application of the processing enterprise and the judgment of the Qinhuai court, the auction income of these clothes will be used to repay the debt.

At the beginning, we also wondered whether we could pack and sell the clothes. But in addition to clothing companies, few people would buy hundreds of identical clothes at a time, so the court finally decided to put the clothes on the live auction online in a single form. they want to have a try and see the market, Mr. Fei said.

For the second-hand air conditioning, clothing and other low-value movable property, the court does not need to go through a professional evaluation agency in the process of execution, judges can set their own starting price according to experience. According to the relevant regulations of Nanjing Intermediate Peoples court, this kind of auction is divided into two categories according to its value, i.e. below 1000 yuan and between 1000 yuan and 10000 yuan, with the corresponding starting prices of 1 yuan and 100 yuan respectively. Thats why for a coat priced at 600 yuan, our starting price is only 1 yuan. Fei Yuejin said.

While Xia Jie was showing her clothes in front of the camera, the bidding had already begun. Within 75 minutes, dozens of buyers bid for the dress 29 times, and the final price was 38 yuan. The rest of the hundreds of coats were also photographed after more than an hour of live broadcast.

Compared with Qinhuai courts mass auction of clothing, many courts auction products are rare. For example, the court of Nanguan District, Changchun City, Jilin Province has auctioned the mink coat with local characteristics; the intermediate court of Ningbo City, Zhejiang Province has auctioned the ownership of thousands of trees still growing in the soil; the court of Renhuai City, Guizhou Province has auctioned the assets involved in the case of the leader of the underworld Liu, in addition to the gold ring and gold necklace, there is also a gold pendant chain weighing about one jin, with small fingers thick and thin A half palm sized Guanyin Pendant with a starting price of 150000 yuan falls on the face.

On December 6, 2019, the court of Hongqi District, Xinxiang City, Henan province directly auctioned a set of real estate, including a one minute long video in the introduction materials. The video starts from the entrance of the house. You can not only see the court seal inside the house, but also see the layout and decoration of each room. Even crystal chandeliers and the scenery outside the window have special lenses.

On the same day, the live auction of Xinxiang intermediate court was also more vigorous than the house: the judge vacated the house online. It was a mortgaged property. Shen Zhiyong, the executive director of Xinxiang court, slowly tore the seal on the door. Several staff members came in with the law enforcement recorder, counted the items left in the house by the original owner, and then moved them out.

The risk of Incorruption caused by High Commission

Fei Yuejin, 52, has worked in the court system for more than ten years and has been in charge of judicial auction related work since 2017. Different from ordinary commercial auction, judicial auction is a kind of public disposal of the debtors property by the court itself or by the auction company entrusted in the enforcement procedure of civil cases to repay the creditor.

In Fei Yuejins impression, in practice before 2014, judicial auctions were mostly conducted by professional auction institutions entrusted by the court, and commissions ranging from 0.5% to 5% of the turnover were paid to the latter. At that time, the judicial auction was conducted offline. Bidders had to pay the deposit in the bank first, and then show their cards at the auction site. Instead, judges did not need to appear at the auction site.

In the past, there was a list of auction institutions in the court system of each province, and each court randomly selected auction institutions by lottery. Fei Yuejin said that there are many collectibles with a unit price of more than one million and real estate with a value of more than one billion in the auction. After an auction, the Commission is very considerable.

According to Jin Shou, director of the executive adjudication Office of Ningbo intermediate court, judicial auction is a good opportunity for auction companies to earn money. So many auction companies, do you do it for this one or for that one? Although it is a lottery, but the actual situation is difficult to determine. Therefore, if it has interests, it will come to hunt the judges of the executive board or other staff in charge of the auction, and then some dishonest things will happen. Jin Shou said.

According to the panoramic report on the difficult work of the national court in the decisive execution by the peoples court press: before the implementation of the judicial online auction, nearly 70% of the illegal and disciplinary cases investigated and dealt with by the national court were concentrated in the field of civil execution, and about 70% of them occurred in the asset disposal, especially in the judicial auction. Huang Songyou, former vice president of the Supreme Court, Wu Zhenhan, former president of Hunan high court, Zhang Chen, former vice president of Chongqing High Court, etc., all involved in illegal judicial auction.

In addition to the risk of integrity, offline judicial auctions may also have problems such as lack of transparency in procedures.

Around 2012, Jin Shou was also the executive director of Yinzhou District Court of Ningbo. Once, Yinzhou court wanted to sell a batch of machines, but some bidders called to report that they were blocked from paying the bidding deposit at the designated bank counter. Sometimes, more than ten people sign up for an auction, but only two or three people bid on the spot. In this case, it is likely that bidders will bid and collude.

In addition, the traditional auction has another problem related to its regional nature. In the era of online and offline auctions, ordinary people can only come to the court to learn about judicial auctions, Jin said. The court will put up an auction notice at the door in advance, at most, it will put it in the corner of the local newspaper.. Mr. Jin said that this would lead to a narrow spread of judicial auctions, with a low premium rate and a low transaction rate. Its equivalent to a small number of bidders, a price that doesnt go up, and often cant be sold out.

The Yinzhou court where Jin Shou once worked was one of the first courts to touch the net. In order to avoid various problems that may be caused by offline judicial auction, the court has started the trial of judicial online auction since 2012.

Mr. Jin recalled that in July of that year, Yinzhou court and Beilun District Court of Ningbo City cooperated with the external network platform for the first time to auction a BMW 7-series car and a passenger car respectively. As the first person to eat crabs, after the judicial online auction, there were a lot of accusations: dozens of auction companies stood at the gate of Zhejiang high court to protest, asking the court to cancel the auction; China Auction Industry Association also wrote in the newspaper, saying that the practice of online judicial auction does not conform to the current auction laws and regulations.

In response to the public criticism, the court system had expected for a long time, because once the judicial online auction was launched, the business of the auction company was the first to be affected. Later, we made some counterattacks through the media, which showed that the court was legal to do so. Jin Shou explained that although the civil procedure law stipulates that the court can auction judicially, it does not stipulate the subject of execution of the auction. Therefore, in practice, the auction agency can be entrusted to do it or the court can do it by itself.

On December 21, 2019, in the execution Hall of Nanjing Qinhuai court, staff are preparing for the live broadcast.

Only one month after Yinzhou court tried to auction online, the civil procedure law was amended, and the expression related to judicial auction was changed to the peoples court should auction the sealed and seized property. According to tan qiugui, a professor at the Institute of procedural law of China University of political science and law, the revised civil procedure law stipulates that the peoples court should auction the seized property, which means that the courts self auction is more compulsory.

Since then, the judicial network seems to take a more smooth road. In 2013, the provisions of the Supreme Peoples Court on several issues of online judicial auction of the peoples court was drafted and issued in 2016. At the conference, Meng Xiang, executive director of the Supreme Court, said that in the era of Internet + as a national strategy, the judicial auction reform of the court should conform to the trend of information development and encourage priority to dispose of property through Internet auction.

In the eyes of many judges interviewed, the advantages of judicial online auction are obvious: no auction company is involved, no one will draw high commission, the court also reduces the risk of integrity; bidders do not meet each other, reducing the possibility of collusion and encirclement. In addition, with the change of auction channels, the regional restrictions of bidders are also broken by the Internet.

Lu Yu remembered that around 2014, Ningbo intermediate court wanted to auction more than 20 sets of commercial houses located in Yichang, Hubei Province, and initially found an offline auction company in Ningbo. But because of the information asymmetry, there are not many people who know about the auction, few people sign up, and the last house is not sold.

During the second shooting, Ningbo intermediate court adjusted its strategy and put a lot of advertisements in Yichangs local newspapers and TV stations, as well as the house on the Internet. After the judicial network, more than 20 sets of real estate were photographed.

Judge take the goods

The Ningbo intermediate court where Jin Shou is located started to broadcast the judicial auction live on December 12, 2019. 20 days before the live broadcast, she began to worry about the selection of auction products.

At that time, the basic courts of Ningbo entered the stage of execution. There were more than 50 objects to be auctioned, all of which were auctioned by Ningbo intermediate court. In addition to scattered properties and vehicles, there are also some machinery and equipment, company equity, and even land use rights. As this is the first time that Ningbo intermediate courts judicial auction has appeared on the internet live, Jin Shou hopes to attract the publics attention, so when choosing the auction, she needs to take into account the variety and geographical richness, all kinds of things need to be found.

The first one to be selected is a seascape house in the CBD core area of Qingdao, with an estimated area of 120 square meters and an estimated price of 5.67 million yuan. Previously, the house has been through a round of net shooting, but the final stream shooting.

In general, the starting price of the first auction of the auction can be at least 70% of the evaluation price. After streaming auction, the lowest starting price of the second auction can be 80% of the starting price of the first auction, which is 56% of the evaluation price. If the second auction hasnt been sold, the auction will enter the sale process with lower price, said Jin. The sea view house in Qingdao is in second auction, starting at less than 3.2 million yuan, about 56.4% of the assessed price.

On the day of the double 12 live broadcast, the golden head, who had always been a face to face, purposely changed her makeup: she painted the foundation, asked the office girl to smear blush, and finally painted a little lipstick. In terms of dress, she wore the same uniform as Xia Jie when she appeared in the court, which was the standard match for court staff during the live auction of justice.

Before the live broadcast, Jinshou specially studied the live videos of other courts, and found that some judges are used to looking down at the materials and not communicating with netizens, its very bad.. She always reminds herself not to make the same mistake. In addition, when she was rehearsing, she found that when she turned her head a little to communicate with other anchors, she could only photograph the side face, which was not good. So she tried to avoid turning around during the live broadcast.

When it came to the live broadcast, Jin Shou felt that it was not the same as being interviewed on TV. TV stations can cut it. If they dont speak well, they can cut it off. But the live broadcast is without regret. If it is told, it will not come back.

Kim also thought the effect was unexpectedly good. After the live broadcast, some old classmates who had not seen each other for a long time saw the news and came to ask: whats in your court can still be auctioned? Can auction be done online? No commission? Even when Jinshou went out to buy vegetables, he was recognized by the boss who sold vegetables - thats the judge who sold goods on the Internet the other day!

Live is not everything

But for the court, some chronic problems in judicial auction still cannot be solved by live broadcast. For example, in the era of offline auction, there is a problem - the liability for guarantee of auction defects.

In Tan qiuguis opinion, if there are flaws in the auction object, whether the court needs to bear the responsibility first depends on whether the court has truthfully disclosed the known flaws of the object before the auction. If the court has disclosed the defect before the auction, the auctioneer has no right to demand the cancellation of the auction. If the court has not found or publicized the defect in advance, the auctioneer shall have the right to request cancellation of the auction.

On December 21, 2019, the peoples Court of Qinhuai District of Nanjing City conducted judicial auction through live broadcast.

The court is responsible for identifying the authenticity of the auction, because judicial auction is a judicial act. But the question now is whether the court has the capacity to make an appraisal. Tan qiugui said that identification is a very complex matter, especially involving the identification of luxury goods and famous wines. The court itself may not be able to determine the truth.

According to several media reports, in December 2019, during the judicial sale of a court in Nanjing, the buyer bought a bag for 112000 yuan, which was identified as a counterfeit Hermes platinum bag by several institutions. However, in the auction announcement of the court, the market evaluation price of the bag is 200000 yuan, 112000 yuan is the variable selling price, and the brand of the bag is not mentioned.

According to tan qiugui, from the content of the auction announcement, the court regarded it as a real horse. This belongs to the fact that the information disclosed by the court is wrong and does not really reflect the quality of the package. So the court should be responsible for that. In response, the court said that it would take the initiative to contact the buyer and review and handle the objection application and relevant evidence in accordance with the provisions.

However, Gu Jiajie, deputy director of the Comparative Civil Procedure Law Research Center of Southwest University of political science and law, believes that generally, as long as the court has fulfilled its normal, reasonable, standardized and sufficient obligations in the auction announcement, it does not have to bear the liability for defect guarantee. For example, the court may say that we are going to auction a box of liquor marked with the word Maotai , but it will not say that I am selling the real Maotai liquor.

However, in the era of live auction, courts and judges move from behind the scenes to the front of the stage, and bidders will have more natural trust in public power. In this case, once the subsequent flaws appear in the auction, the image and reputation of the judge, or even the court, will be damaged. Adverse effects may be amplified. Gujiajie said.

But Gu Jiajie believes that for judicial auction, any method that helps to increase the exposure and premium rate is the right direction of development. If live broadcasting can become an opportunity to attract public attention, it is beneficial to the implementation itself.

Since the end of last year, the live auction of each court has made great achievements, but whether to normalize it or not seems that no one has an answer. In an interview with reporters from the Beijing News, several courts said that the court was busy at the end of the year and did not consider the next live broadcast for the time being.

According to Jin Shou, at the beginning of the live broadcast, the main purpose of the court was to publicize the judicial auction, which has now been achieved. If it is broadcast again, the communication effect may be greatly reduced.

After that live broadcast, someone asked if I would live it again? I can only say that at the right time, if there is the right product, it can also be done. Jin Shou said.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) (); source: responsible editor of Beijing News: Du Shuo