Provisions of the Supreme Court on Internet Inquiry

Legal analysis: the Supreme People's Court (hereinafter referred to as the Supreme Court) issued the Provisions on Several Issues Concerning the Determination of the Reference Price for Property Disposal by the People's Courts (Legal Interpretation [2018] No. 15) (hereinafter referred to as the Provisions). On the basis of retaining entrusted appraisal as the traditional way of determining the reference price for property disposal, the Provisions add three new ways of determining the reference price for property disposal, namely, party bargaining, directional inquiry, and network inquiry. Directed inquiry can not or not, the property need not be professional on-site inspection or appraisal, and with network inquiry conditions, the people's court shall through the judicial network inquiry platform for network inquiry. Both parties unanimously request or agree to direct network inquiry, property without the need for professional on-site inspection or identification, and with network inquiry conditions, the people's court shall allow.

Legal basis: "the supreme people's court on the people's court to determine the reference price of property disposal provisions"

Article 2 the people's court to determine the reference price of property disposal, the people's court can take the parties to bargaining, directional inquiry, the network inquiry, commissioned assessment.

Article 7 The people's court shall make a network inquiry through the judicial network inquiry platform if the directional inquiry cannot or does not work, the property does not need to be inspected or appraised by professionals on the spot, and the conditions for network inquiry are available.

The parties unanimously request or agree to direct network inquiry, the property does not need to be a professional on-site inspection or identification, and with network inquiry conditions, the people's court shall allow.

Article 8 the supreme people's court to establish a national judicial network inquiry platform list library.

The judicial network inquiry platform shall also meet the following conditions:

(1) it shall have the qualification to carry out the work of Internet information service in accordance with the law;

(2) it shall be able to legally obtain and consolidate the price of the same kind of property in each region of the country for a certain period of time, the price of the previous transaction, the government pricing, the government guiding price, or the market price of the public transaction of no less than three types of price data, and Ensure that the data is true and accurate;

(c) be able to analyze the past transaction prices and transaction trends in the market according to the characteristics of the data-enabled property, using certain arithmetic rules;

(d) have standardized procedures, safe and efficient systems, and high-quality and low-cost services;

(e) be able to record the entire process of analyzing the data, and keep the electronic data formed in a complete and complete manner for not less than ten years, provided that laws, administrative regulations, rules and regulations, and other provisions shall not be applied to the data. Ten years, but laws, administrative regulations, judicial interpretations, except as otherwise provided.

Article 9 The Supreme People's Court shall form a specialized evaluation committee responsible for selecting, evaluating and de-listing the judicial network inquiry platform. Each year, an authoritative third party is introduced to evaluate the judicial network inquiry platforms that have been included in the list and those that have newly applied for inclusion in the list and publish the results.

Judicial network inquiry platforms shall be de-listed from the list database if any of the following circumstances apply:

(1) refusing to make network inquiries without a valid reason;

(2) failing to complete the network inquiry on schedule for an aggregate of five times within one year without a valid reason;

(3) engaging in malicious collusion, falsification, or leaking confidential information;

p>(d) The authoritative third-party evaluation found that it does not meet the conditions for the provision of network quotation services;

(e) There are other violations of the rules of the quotation, as well as the provisions of laws, administrative regulations and judicial interpretations.

After the judicial network RFQ platform is delisted, it shall not be included in the list library for five years.

Article 10: If the reference price is determined by means of a network inquiry, the people's court shall simultaneously issue a commission for the network inquiry to all the judicial network inquiry platforms in the list library. The letter of request for network quotation shall set forth the name of the property, physical characteristics, specifications and quantity, purpose requirements, completion period, as well as other content that needs to be clarified.

Article 11 of the judicial network inquiry platform shall receive the people's court network inquiry commission within three days from the date of issuance of network inquiry report. The network inquiry report shall contain the basic information of the property, reference samples, calculation methods, inquiry results and validity period.

If a judicial network inquiry platform is unable to complete the inquiry within the time limit, it shall apply for an extension of the time limit before the expiration of the time limit. If all of the judicial network inquiry platforms fail to issue the inquiry results within the deadline, the people's court shall apply for a three-day extension based on the extension application of each judicial network inquiry platform; if some of the judicial network inquiry platforms issue the network inquiry results within the deadline, the people's court shall not grant the extension application of the other judicial network inquiry platforms.

If all of the judicial network inquiry platforms fail to issue or correct the network inquiry report within the time limit and do not apply for an extension of the time limit in accordance with the provisions, the people's court shall commission an appraisal organization to conduct an appraisal.

The people's court shall notify the judicial network inquiry platform to reissue the network inquiry report within three days if the people's court fails to issue a notice of auction within the validity period of the results of the network inquiry or directly enter into the sale procedure.

Article 12 The people's court shall review the network inquiry report. If the network inquiry report contains errors in the basic information of the property, exceeds the scope of the property, or omits the property, the people's court shall notify the judicial network inquiry platform to make corrections within three days; if part of the network inquiry report does not contain any of the foregoing, the people's court need not notify the other judicial network inquiry platforms to make corrections.

Article 13 If all the judicial network inquiry platforms issue inquiry results or correction results within the time limit, the people's court shall take the average of the results issued by all the judicial network inquiry platforms as the reference price; if some of the judicial network inquiry platforms issue inquiry results or correction results within the time limit, the people's court shall take the average of the results issued by such part of the judicial network inquiry platforms as the reference price.

Parties and interested parties shall raise objections to all of the network inquiry reports in accordance with the provisions of Article 22 of these Regulations, and if the objections are rejected or if the judicial network inquiry platforms have made corrections, the people's court shall take the average of the results of the judicial network inquiry platforms whose objections have been rejected or whose corrections have been made as the reference price; and if objections are raised to part of the network inquiry reports, the people's court The people's court shall take the average of the results issued by the judicial network inquiry platforms whose network inquiry reports have not been objected to as the reference price.

Article 14 The laws and administrative regulations provide that an appraisal must be commissioned, the parties request that an appraisal be commissioned, or if the network inquiry cannot or does not work, the people's court shall commission an appraisal organization to conduct the appraisal.