Several Provisions of the Supreme People's Court on the Evaluation, Auction and Sale Authorized by the People's Court

 2018-08-13  187


· Document Number:Judicial Interpretation No. 16 [2009]

· Area of Law: Civil Law

· Level of Authority: Judicial Interpretation

· Date issued:11-12-2009

· Effective Date:11-20-2009

· Issuing Authority: Supreme People's Court

· Status: Effective

 

Announcement of the Supreme People's Court of the People's Republic of China
The Several Provisions of the Supreme People's Court on the Evaluation, Auction and Sale Authorized by the People's Court, which were adopted at the 1472nd session of the Judicial Committee of the Supreme People's Court on August 24, 2009, are hereby promulgated and shall come into force on November 20, 2009.
November 12, 2009
Several Provisions of the Supreme People's Court on the Evaluation, Auction and Sale Authorized by the People's Court
(Adopted at the 1472nd session of the Judicial Committee of the Supreme People's Court on August 24, 2009; Judicial Interpretation No. 16 [2009])
These Provisions are formulated in accordance with the Civil Procedural Law of the People's Republic of China and other relevant laws and in consideration of the practical evaluation, auction and sale authorized by the people's court, in order to regulate the evaluation, auction and sale authorized by the people's court, protect the legitimate rights and interests of the parties concerned, and safeguard judicial impartiality.
Article 1 The judicial technical administrative department of the people's court shall be responsible for the court's authorization of evaluation, auction and sale of property in a failed auction, and supervise the evaluation or auction activities of an authorized evaluation or auction agency.
Article 2 The lower people's court may, where necessary for its work, submit an evaluation, auction and sale to the people's court at a higher level for handling.
Article 3 Where it is necessary to conduct an evaluation or auction of any property located at a different place, the people's court may authorize the people's court at the locality of the property for handling.
Article 4 The people's court shall formulate a roster of evaluation and auction agencies authorized by the people's court under the principles of publicity, fairness and selection of the best ones.
The people's court shall, when formulating a roster of authorized evaluation and auction agencies, make an announcement in advance to clarify the qualifications for an agency on the roster, the review procedure and other matters.
Article 5 The people's court shall, when formulating a roster of authorized evaluation and auction agencies, form a review board comprising the judicial technical administrative department, judicial department and executive department, and may invite experts in the evaluation and auction industry to participate in the review if necessary.
Article 6 The review board shall examine and give a score to an agency applying for enrollment in the people's court's roster of authorized evaluation and auction agencies in terms of qualification grade, professional reputation, business performance, professionals, etc., finalize the agencies on the roster after preliminary examination, publicity and review in an descending order of scores, and conduct dynamic management of the roster.
Article 7 The people's court shall, when selecting an evaluation or auction agency, adopt the manner of open and random selection within the court's roster of authorized evaluation and auction agencies.
Article 8 The people's court shall, when selecting an evaluation or auction agency, inform the judicial and executive staff to be present, and may invite relevant members of the general public to be present for supervision purposes depending on the circumstances.
Article 9 The people's court shall, when selecting an evaluation or auction agency, inform in advance the parties concerned to be present; and if any party concerned fails to be present, the people's court may serve a written document on agency selection on the party concerned.
Article 10 The people's court shall, after finalizing an evaluation or auction agency, issue a Power of Attorney to the finalized agency, in which the requirements and time limit for the completion of the authorization shall be specified.
Article 11 Where an evaluation or auction agency fails to complete the authorized matters within the prescribed time limit without any justified reason after accepting an authorization from the people's court, the people's court shall terminate the authorization, reselect an agency, and suspend its standby status or remove its name from the roster of authorized evaluation and auction agencies.
Article 12 Where an evaluation agency needs a site survey, the people's court shall inform the judicial and executive staff and the parties concerned to be present, and the absence of the parties concerned shall not affect the survey, but there shall be witness(es) to the evaluation agency's site survey and a site survey record shall be made.
The site survey staff, the parties concerned and the witness(es) shall affix their signatures or seals on the site survey record for confirmation.
Article 13 The evaluated price of the property to be auctioned shall be the reserve price in the first auction if an evaluation has been conducted; or if no evaluation has been conducted, the reserve price shall be determined by the people's court as per the market price, but the opinion of the relevant parties concerned shall be consulted.
Article 14 The judicial or executive department shall be held responsible in accordance with the relevant disciplinary provisions if it authorizes any evaluation, auction or sale of property in a failed auction without the consent of the judicial technical administrative department.
Article 15 The judicial technical administrative department of the people's court shall, when organizing the review board to examine the evaluation and auction agencies to be enrolled in the roster, selecting an evaluation or auction agency or selling the property in a failed auction, inform the disciplinary inspection and supervision department of the court, which may send staff to attend it as the case may be.
Article 16 For any discrepancy between these Provisions and any judicial interpretation issued before the implementation of these Provisions, these Provisions shall prevail.