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    ApooroneactuationbeatcyclelgerJudicialNetwork

    时间:2020-02-29 来源:黄熙

      A poor one actuation beat cycle longer Judicial Network A one caused by poor Judicial Network took this reporter Xuwei Lun longer period between 2014 to 2020 5 years, as one of the first network judicial auction work pilot units court in Beijing, Daxing District Peoples Court judicial sale from 43 subject matter piece grow to 600, turnover increased from 33.6 million yuan to 7.2.9 billion yuan.In 2020, a court Daxing beat turnover rate for the first time more than 50%, the overall turnover rate of 85.04%.The rapid development of network judicial auction in Daxing court, reflecting the network judicial auction vitality and outstanding advantages, has become a microcosm of the countrys fast-growing network Court judicial auction work.One of the main network judicial auction has made good progress at the same time, Daxing court a recent survey found that the current network judicial auction start difficult, difficult delivery, long cycle and other issues are still outstanding, is caused by the application executor dissatisfaction and even letters of complaint."With the introduction of network judicial auction mechanism, a long period of disposal of property, despite the improvement in the situation, but did not achieve a fundamental twist."Tai Hing Court party members, Vice President Cao Qingan think, in all aspects of the judicial auction, a one difficulty is also the most critical, head is to start the session, tail is part of the delivery, disposal of property by the two major long period a link caused by poor run.Since September 2020 implementation of the "Peoples Supreme Peoples Court to determine the disposition of the provisions of the reference price Issues" Article I, the peoples court seizure, detention, after the freezing of assets, the need for the auction, the sale of the property, should be 30 days starting reference price to determine the disposition program.But in actual operation, influenced by subjective and objective factors, the proportion of the evaluation process started 30 days after control of the property is not high, a number of cases even longer evaluation process does not start, causing dissatisfaction application executor.In the delivery part, "the Supreme Peoples Court civil enforcement people in the auction sale of the property provisions" clearly, the court shall, within 15 days after the decision is served, the buyer will hand over the auction of the property or person to bear; the first person or three shall be handed over possession of the property auction but refused to surrender and the enforcement.Daxing court investigation found that, in practice, the case of movable property and other property rights to complete the delivery within the time limit is better, but in the real estate field, the case that is not vacated the implementation status of the auction before the auction, within 15 days after completion of the auction or repossessed delivery ratio is not high.In particular, some contradictions against the more intense cases, the situation is not uncommon for a long time can not be delivered.In addition, the property is not vacated before the auction, information disclosure is not part of strict non-standard condition persists.After the disclosure of the Court is not vacated houses, and the houses occupied by others and other information, not to forcibly vacate delivery issues to be clear, even to "vacate the court is not responsible for, the buyer solve the delivery problem on their own, as is not up for auction", etc. included in the auction notice, affecting the auction results.Commodity comprehensive and detailed understanding of the key factors consumers are determined to buy, any bidder property by auction is also true.In practice, the auction subject matter of showing the effect of widely criticized, partly because the subject matter is not before the court auction control and other factors, photo or video is limited to the distance, the appearance point of view, the subject matter of the questionnaire blank or marked as a lot of content "Unknown" is difficult for bidders satisfaction.Daxing court held that the emergence of this dilemma, most of them directly related to the debtor resist behavior.Household survey auction process involved, site assessment, delivery, etc. vacate the debtor does not cooperate even in the case of violent resistance to the execution judge there will always be afraid of difficulties, thereby affecting the poor run related links.In the tax commitment standards, Caoqing An pointed out that some non-racquet auction trading process itself of taxes and auction antecedents possession, use auction arrears subject matter generated by strict distinction, for the scope and amount of taxes borne were not clear, how the seller to pay tax practices vary around, intent on the final bidder and buyer are cause some trouble.Visible, taxes bear beat French Open Standards Division of Uniform Standard.Daxing court recently released white paper disclosed network judicial auction, provinces, autonomous regions, municipalities directly under the court "case took more than" showing a clear trend north weak south strong.In 10 provinces in the country before the 2020 rankings, in addition to Henan Province, nine other provinces are southern provinces, 10 provinces in the rankings, in addition to Shanghai, Hainan, the rest are 8 to the northern or western provinces."For related problems, Tai Hing Court recommends measures to combining guidance, build an intensive and efficient disposal of property mechanism to gradually solve."Caoqing An proposed that in the sparse level should strengthen propaganda, dispel the debtor luck, good will to promote understanding, using a variety of opportunities to understand the state of mind of the person concerned, for the understanding and cooperation of the debtor and the obligation to assist people.For the debtor refused to cooperate with the auction process, whether it is obvious to resist with violence, or to escape, evade and other negative way to resist, should be forced to lift possession, the auction for the late show, and so provide vacate delivery conditions.Before forcibly releasing possession, can contribute indirectly by taking measures to deliver possession of the debtor itself, such as penalizing bad, detention, fines, if necessary, it can be held by way of refusing enforcement of criminal sanctions to resist the behavior of personnel.In the courts own building level, the White Paper recommendations build an intensive and efficient mechanism for the disposal of property, disposal of property separated from the execution as the transactional aspects of the implementation process, the professionalization of subdivision work.Established within the Courts disposition of the Executive Board professional team responsible for the entire property disposal process, from the seizure of property, downshift, assessment, auction to the final delivery, propelled by the same team responsible for the reunification.In this mode, only the implementation of the judge will be the property seized, then decide which need to dispose of property, transfer of property disposal group the case materials, in order to significantly reduce the pressure of the judge handling the case, to make it more focused on the cases of standardization, process handling, improve work efficiency.In addition, through the disposal of property management principles, methods, content and other general planning, to determine the content of the work, the main division of responsibilities, concrete curing process, set a specific deadline, establish a strict examination and approval matters and performance evaluation mechanism.White Paper recommended that the Court use of information technology means to establish a network monitoring system covering the whole process of judicial auction, stroke along gradually scattered, hybridity disposal program to protect property disposal specialized, intensive objectives are achieved.

    A poor one actuation beat cycle longer Judicial Network

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