Don't move your mind!Some people in Shenzhen knew that the qualifications of house purchase were still fined 30,000 yuan

In recent years, with the rise of the Internet auction platform, judicial auctions have gradually attracted the attention of all sectors of society, which has also attracted many bidders to participate. However, many bidders ignored the rules of judicial auction and even acted, and even disrupted the order of judicial auction, which seriously affected the implementation of the people's court. Recently, the People's Court of Nanshan District of Shenzhen, in the process of implementing a borrowing contract dispute, imposed a fine of RMB 30,000 to the bidder who disrupted the order of judicial auction.

It is reported that the executive Li's real estate (hereinafter referred to as the "real estate involved in the case") was auctioned by the Nanshan Court in an industrial city in Buji Street, Longgang District, Shenzhen, and issued auction announcement on the online real estate on the Internet, listing the auction conditions And precautions. During the auction, the bidder Wang won the real estate involved in the case at the highest price of 333289.2 yuan and signed the "Auction Transaction Confirmation". After Wang won the real estate involved in the case, the organizer received the "Notice of No Elimination of Housing Purchase" issued by the Shenzhen Municipal Housing and Construction Bureau, which stated that because Wang had broken the social security of Shenzhen, he no longer had the qualification to apply for a house involved in the house involved in the case. Essence

The organizer learned that before the auction, Wang knew that he was still involved in the bidding qualifications. He thought he first took the real estate involved in the case. After getting the auction transaction ruling, he waited until he resumed the qualification of the house to buy the real estate and then transferred to his own name. Realize the purpose of obtaining real estate involved in the case as a non -purchase qualification. Wang mistakenly believes that even if the real estate involved in the case cannot be transferred, no economic losses or unfavorable legal consequences will occur.

Judicial auction is an important measure to ensure the realization of creditor's rights and safeguard civil transactions. It is a serious legal activity with legal effect. Wang not only delayed the auction process, but also hindered the party's victory in the realization of the lawsuit. His behavior seriously disrupted the order of judicial auction. The Nanshan Court decided to fined Wang Mou to 30,000 yuan in accordance with the law and ruled that the real estate involved in the case was re -auction. After the organizer's patient interpretation of the law, Wang realized his mistakes, issued regrets to the court, apologized for the behavior of disturbing the order of judicial auction and affecting the implementation of the court, and paid a fine in accordance with the law.

[Said Nanshan Judge]

The original intention of online judicial auction was to expand public participation by using the Internet's national trading platform to better realize the fairness and publicity of judicial auctions of the subject matter. However, with the comprehensive implementation of online judicial auctions, some bidders ignore the obligations and responsibilities of participating in judicial auctions, and it is not uncommon to disturb the order of judicial auction.

In this case, Wang's behavior not only damaged the realization of the applicant's victory rights and interests, hindered the implementation of the work, but also wasted judicial resources and damaged judicial authority and credibility. The fine decision made by Wang in accordance with the law not only demonstrates the determination of the people's court to safeguard judicial authority, but also plays a certain deterrent effect on such disturbing judicial auction order. Judicial auctions cannot be regarded as a maternal drama. Before the auction, the majority of bidders must consider whether they are auctioned in accordance with their own situations, and timely understand the auction -related matters, so as not to cause unnecessary losses to themselves.

Article 3 of the "Supreme People's Court on the qualifications of the people's court's judicial auction real estate bidder eligibility": The people's court shall review the recipient's submitted by the buyer after the transaction of the people's court will be issued to the buyer after the transaction of the judicial auction real estate and issues a transaction ruling. Applying for the proof of the qualifications for buying a house when the transaction ruling is issued; the people's court shall not be allowed by the people's court for review.

Article 114 of the Civil Procedure Law of the People's Republic of China: If the participants or other people have one of the following behaviors, the people's court may be fined and detained according to the seriousness of the circumstances; if a crime constitutes a crime, criminal liability shall be investigated in accordance with the law:. ... (5) Those who use violence, threats or other methods to hinder judicial staff's execution of their duties. The people's courts who have one of the actions stipulated in the preceding paragraph may be fined or detained by their main responsible person or directly responsible persons; if a crime is constituted, criminal liability is investigated in accordance with the law.

The "Explanation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 187 stipulates: "The Civil Procedure Law Article 114, paragraph 1, paragraph 5," Other methods hinder the behavior of judicial staff's execution of their duties, including: ... (5) Obstocking, seizes, seizes, frozen, allocated, auctioned, and sells property by violence, threats or other methods; "

"Several Issues of the Supreme People's Court on the People's Court's Internet Judicial Auction": If you buy a regretful shooting after the auction transaction, the deposit shall not be refunded. The difference in the auction price, the debt of the executing person in this case, and the debt of the executing person related to the auction property.

Article 22 of the "Supreme People's Court on the People's Court's Civil Executive Auction and Property Selling Property": After the auction transactions or the property of the property, the buyer is overdue, It is difficult to achieve the purpose of auction and debt, and the people's court may rulks to re -auction. When re -auction, the original buyer must not participate in the bidding.

The price of the re -auction is lower than the difference, cost loss and commission in the original auction caused by the original auction price, and the original buyer is borne by the original buyer.The people's court can deduct directly from its pre -paid margin.If there are surplus margins after deduction, the buyer shall be refunded; if the amount of deposit is insufficient, the original buyer may be ordered to make up;Shenzhen Evening News reporter Yidi Lanhong Correspondent Tan Mianlin Chen Wentao

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