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Notice of the Supreme People's Court on Diligently Studying and Implementing the Provisions of the Supreme People's Court on Several Issues concerning Online Judicial Auction by the People's Courts [Effective]
最高人民法院关于认真学习贯彻适用《最高人民法院关于人民法院网络司法拍卖若干问题的规定》的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court on Diligently Studying and Implementing the Provisions of the Supreme People's Court on Several Issues concerning Online Judicial Auction by the People's Courts 

最高人民法院关于认真学习贯彻适用《最高人民法院关于人民法院网络司法拍卖若干问题的规定》的通知

(No. 431 [2016] of the Supreme People's Court) (法〔2016〕431号)

The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Regions: 各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:
The Provisions of the Supreme People's Court on Several Issues concerning Online Judicial Auction by the People's Courts (Interpretation No. 18 [2016] of the Supreme People's Court, hereinafter referred to as the “Provisions on Online Judicial Auction”), as adopted at the 1,685th Session of the Judicial Committee of the Supreme People's Court on May 30, 2016, were issued on August 2, 2016 and shall come into force on January 1, 2017. For the purpose of accurately understanding and implementing the Provisions on Online Judicial Auction, you are hereby notified of the relevant issues as follows: 最高人民法院关于人民法院网络司法拍卖若干问题的规定》(法释〔2016〕18号,以下简称《网拍规定》)已于2016年5月30日由最高人民法院审判委员会第1685次会议通过并于2016年8月2日予以公布,自2017年1月1日起施行。为准确把握和正确适用《网拍规定》,现就有关问题通知如下:
I. Fully understanding the significance of developing and implementing the Provisions on Online Judicial Auction   一、充分认识制定实施《网拍规定》的重要意义
Disposal of the property in dispute is an important part of the implementation process and is directly related to the realization of the rights and interests of creditors. Judicial auction is a basic means for the disposal and realization of property in dispute, and effectively completing the work of judicial auction plays an important role in and is of significance for the basic resolving of difficulty in implementation. Over the past several years, through the active exploration by the courts in many places across the country, the model of online judicial auction independently implemented by courts has solved some problems of the traditional auction model by virtue of openness, transparency, convenience, efficiency, low cost, wide participation, and other advantages. However, as there are various forms of online auction, diversified auction subjects coexist, and the operating procedures vary, the unification of the standards for the application of law and the regulating of the operating procedures are urgently required to be conducted on the basis of summarizing the experience. Therefore, for the purpose of comprehensively protecting the lawful rights and interests of parties and further improving the quality and efficiency of the implementation, the Supreme People's Court has developed the Provisions on Online Judicial Auction and has comprehensively and systematically sorted out and regulated the rules on access to the online judicial auction platform independently conducted by the people's courts, the operational models, the division of responsibilities among all subjects, and the specific auction rules. Strengthening and standardizing the online judicial auction of the people's courts is the essential requirement for judicial openness and people-oriented justice, an effective channel for protecting the lawful rights and interests of the parties and maximizing the value of the property to be auctioned, and a key measure for increasing the judicial credibility of the people's courts.
......
 涉案财产处置是执行程序的重要环节,直接关系债权人权益的实现。司法拍卖是涉案财产处置变现的基本手段,做好司法拍卖工作,对基本解决执行难具有重要作用和意义。几年来,经过全国多地法院的积极探索,法院自主开展的网络司法拍卖模式凭借公开透明、便捷高效、成本低廉、广泛参与等优势,解决了传统拍卖模式中存在的不少问题。但各地网拍形式多种多样,拍卖主体多元并存,操作规程各不相同,迫切需要在总结经验的基础上,统一法律适用标准,规范操作程序。为此,最高人民法院以全面保护当事人合法权益为宗旨,以进一步提高执行工作质效为目标制定了《网拍规定》,对人民法院自主开展的网络司法拍卖的平台准入规则、运行模式、各主体之间的权责划分、具体的竞拍规则进行了全面而系统的梳理和规范。加强和规范人民法院网络司法拍卖工作,是公开司法、司法为民的本质要求,是保障当事人合法权益、实现拍卖财产价值最大化的有效途径,是提高人民法院司法公信力的重要举措。
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