The auction target is a black water-based pen, with a market price of 1 yuan, a starting price of 1 yuan, a deposit of 0.1 yuan, and a price increase of 0.02 yuan (or an integer multiple thereof)… On the Alibaba Judicial Auction Platform, the Longzihu District People's Court of Bengbu City successively announced 30 such "one-yuan water-based pen" auctions. In contrast, the execution targets of each auction involved were relatively large, which caused great controversy online.
event
Court auctions "1 yuan water-based pen"
Yesterday, reporters checked on Ali's judicial auction platform and found that the Longzihu District People's Court of Bengbu City auctioned a black water-based pen with a market price of 1 yuan at 10:00 on July 30 and 10:00 on July 31. This pen was obtained by the court during the execution of the case. Currently, the auction has failed.
The bidding announcement issued by the Longzihu District People's Court shows that the auction target is a black water-based pen, with a market price of 1 yuan, a starting price of 1 yuan, a deposit of 0.1 yuan, and a price increase of 0.02 yuan (or an integer multiple thereof).
There is an attachment on the bidding announcement page, which is the execution ruling numbered (2017) Anhui 0302 Zhi 953-3 from the Longzihu District People’s Court. This ruling shows that the (2017) Anhui 0302 Minchu No. 1 Civil Judgment issued by the Longzihu District People’s Court on April 13, 2017 has become legally effective, but the person subject to execution, Zhu Yongjun, has not yet fulfilled the obligations specified in the effective legal document. The court made the (2017) Anhui 0302 Enforcement 953 on July 13, 2018. No. 2 executed the ruling and seized a black water-based pen owned by the person subject to execution, Zhu Yongjun.
The reporter inquired on the Alibaba Judicial Auction Platform and found that there were 30 auctions of "1 yuan water-based pens" issued by the Longzihu District People's Court, of which 28 were currently in the status of "Ended" and 2 were "Withdrawn."
investigation
The execution targets of cases are relatively high
The reporter retrieved the judgment of the case involved in the above-mentioned auction on the China Judgment Document Network – the civil judgment of Longzihu District People's Court (2017) Anhui 0302 Minchu No. 1.
The judgment shows that from February to July 2016, the defendant Zhu Yongjun successively borrowed RMB 2 million from the plaintiff Xia Wen due to capital turnover needs, and later returned RMB 400,000. The plaintiff repeatedly pressed the defendant for the loan, but to no avail. The plaintiff then filed a lawsuit in court, requiring the defendant to pay the loan principal of RMB 1.6 million. After hearing the case, the court held that the plaintiff’s request for the defendant to pay the loan principal of 1.6 million yuan was supported by sufficient evidence. On September 22, 2017, the case entered the execution stage. The person subject to execution was Zhu Yongjun, and the execution target was 1.6 million yuan.
The reporter also found that the execution rulings involved in many "1-yuan water-based pen" auctions showed that the execution targets were very high. Among them, (2017) Anhui 0302 No. 1034 was a private loan dispute case between Chen Tao and Zeng Fugui, and Zeng Fugui's execution target was 100,000 yuan; (2017) Anhui 0302 No. 1036 Case No. 2 is a private loan dispute between Zhang Deyong and Bowen Le, and Bowen Le's execution target is 250,000 yuan; in (2017) Anhui 0302 Case No. 1090, the applicant for execution is Wang Chaogui, and the person subject to execution is Zheng Lei, and the execution target is 30,000 yuan; in (2017) Anhui 0302 Case No. 1177, the execution target is 177,000 yuan, and the person subject to execution was also listed as a restricted consumer by the court. The execution targets of huge cases are in sharp contrast with the "1 yuan water-based pen" auction, which has attracted a lot of attention.
court
Relevant personnel have been criticized and educated
Yesterday afternoon, the reporter called the judge’s phone number posted on the “1 Yuan Water-based Pen” auction page, but no one answered. Subsequently, the reporter called the Longzihu District Court Executive Command Center, but the staff member who answered the phone said he did not know anything about the matter and would not comment. The reporter asked to contact the court's research office, but the staff refused to provide contact information.
However, the Longzihu District Court of Bengbu City published a "Reply on the Issue of the Longzihu District Court's Auction of a Black Water-based Pen" on its official Weibo yesterday. The reply stated: "In response to the issue of auctioning a water-based pen that appeared in our court's execution ruling, our hospital conducted a serious investigation. The cause of the incident was that the case handlers and related staff had a weak sense of responsibility, which led to errors in the execution work. We have criticized and educated the relevant personnel and corrected the erroneous behavior."
Last night, the relevant person in charge of the Bengbu Intermediate People's Court also told reporters that they are currently investigating and verifying the incident, and the investigation results will be announced to the public in a timely manner.
lawyer
Waste of judicial resources and damage to public trust
The reporter interviewed Yang Xiangdong, a lawyer from Beijing Zhonghengxin Law Firm yesterday. Lawyer Yang Xiangdong said that on the surface, the auction of water-based pens by the Longzihu District Court in Bengbu City did not violate relevant regulations. The reason why it attracted a lot of attention on the Internet was mainly because the difference between the value of the water-based pens and the amount owed was too large.
Yang Xiangdong said that the court required the person subject to execution to provide many types of property. The main reason why the one-yuan water-based pen was chosen as the auction subject was that the execution judge was seriously irresponsible and programmed and formalized serious online auctions, which weakened the execution effect, seriously wasted effective judicial resources, and greatly reduced the court's execution credibility. The court's auction of property through the Internet is mainly an attempt to improve execution efficiency and reduce execution costs. The approach of the Bengbu Longzihu District Court runs counter to this.
Ma Yue Xin'an Evening News Anhui Net Dawan Client Reporter Wang Jixiang Xiang Lei
