Second-hand motorcycle bidding price 2.65 million questioned
The auction target vehicle is Beijing A license lawyer: malicious participation in judicial bidding will be held accountable
In a judicial auction held yesterday, a Piaggio motorcycle with a Beijing A license, after several hours of more than 1,100 increases in price, raised the price from 16,310 yuan to 2.65 million yuan.
Second-hand motorcycles start at 16,000 yuan
According to the Alibaba auction platform auction announcement, the Beijing No. 3 Intermediate People’s Court will conduct auctions on Taobao’s judicial auction network platform from 10:00 on November 11 to 10:00 on November 12 (except for delays). The subject is a Piaggio motorcycle with the license plate number of Beijing A83011 (sold with a license plate).
This auction is the first auction. The estimated price is 23,300 yuan, the starting price is 16,310 yuan, the deposit is 3,200 yuan, and the price increase is 320 yuan.
All citizens, legal persons and other organizations with full civil capacity can participate in the bidding.
If the bidder does not open a Taobao account, he can entrust an agent (a natural person with full civil capacity) to do so, but he must go through the entrustment procedures with the court before the bidding starts.
If the bidder does not meet the conditions to participate in the bidding, the bidder shall bear the corresponding legal liabilities.
The auction announcement stated that the auction event has a delayed bidding function. Before the auction event ends, if a bidder makes a bid every last 5 minutes, it will be automatically delayed for 5 minutes.
A reporter from Beijing Youth Daily noticed that after the auction started at 10 am on the 11th, the starting price was 16,310 yuan, 1,757 people signed up, and more than 100,000 people watched. The price of this second-hand motorcycle soared.
After more than 1,100 price increases, by the time of press, the price has reached 2.65 million yuan.
"Such a high price far exceeds the value of the vehicle itself." An industry insider said that Beijing A-licensed motorcycles are relatively scarce in the market, resulting in higher prices, which may now reach more than 200,000 yuan. If the price of a motorcycle reaches about 260,000 yuan, it is the normal market price.
"Now so many people are paying attention to this motorcycle. Whether the person who photographed this motorcycle will pay according to the agreement is worthy of attention." He raised his concern.
The stock of Beijing A licenses is about 25,000
According to previous media reports, as early as 1985, Beijing had stopped issuing Jing A motorcycle licenses. At that time, the number of Beijing A indicators issued was about 25,000.
If you want to get a Beijing A license for a newly purchased motorcycle, you need to go to the second-hand market to trade on your own.
The reason why Jing A license motorcycles are favored is that, in accordance with relevant regulations, Jing B license motorcycles cannot enter the fourth ring road, but Jing A is not restricted.
Although Beijing A-licensed motorcycles cannot go on Chang'an Avenue during the day and the main road of the ring road throughout the day, they still have a greater right of way advantage.
In May 2020, an investigative report conducted by a media mentioned that the Beijing A motorcycle license was hyped up to 160,000 yuan.
"The price of Jing A motorcycle licenses has been hyped up to the present price, which is caused by the contradiction between supply and demand in the market, and may continue to rise." Ms. Wang, who owns a Jing A motorcycle, believes that people who drive Jing A motorcycles Among the people, some people think that motorcycles are relatively popular in order to meet their travel needs. However, Beijing A licenses have fewer restrictions, more rights of way, and limited "resources" of license plates circulating in the market, which will cause prices to rise. Can reach the ceiling, it is still difficult to determine.
Malicious participation in judicial bidding will be held accountable
In response to the speculation of a Beijing A-licensed motorcycle on the Ali judicial auction platform to 2.65 million yuan, some insiders are worried that there will be remorse for the auction. Attorney Dong Jingjing of Beijing Huazhitao Law Firm believes that after the auction is completed, the buyer regrets The act of auction will not only bring about the loss of the deducted deposit, malicious participation in judicial auctions, but also because it seriously interferes with the order of judicial auctions and interferes with the normal execution of the court, the court will impose judicial detention and fines.
Article 24 of the Provisions of the Supreme People’s Court on Several Issues of Online Judicial Auctions by the People’s Court stipulates that if the buyer regrets the auction after the auction is completed, the deposit paid shall not be refunded, and shall be used in turn to pay for the loss of auction expenses and make up for it The difference between the re-auction price and the auction price shall offset the debts of the person subject to execution in this case and the debts of the person subject to execution related to the auction property.
If the auction is resumed after regretting the auction, the original buyer shall not participate in the bidding.
Article 25 of the Provisions of the Supreme People’s Court on the Auction and Sale of Property in Civil Enforcement by the People’s Court stipulates that the price difference, cost loss and commission in the original auction caused by the re-auction price lower than the original auction price shall be paid by the original buyer People bear.
The people's court may directly deduct from the deposit paid in advance.
If there is a surplus of the deposit after deduction, it shall be returned to the buyer; if the amount of the deposit is insufficient, the original buyer may be ordered to pay; if it refuses to pay, it shall be enforced.
Article 111 of the "Civil Procedure Law of the People's Republic of China" stipulates that if a participant or other person commits one of the following acts, the people's court may fine or detain according to the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law. Item (5): Where violence, threats, or other methods hinder judicial personnel from performing their duties, the people’s courts may fine or detain the main person in charge or the person directly responsible for the unit that has one of the acts specified in the preceding paragraph ;Constitute a crime, be held criminally responsible.
Dong Jingjing believes that with the full implementation of online judicial auctions, judicial auctions are becoming more and more convenient, and at the same time the phenomenon of regret auctions is not uncommon.
As an important way for the court to dispose of the property of the person subject to execution, the online judicial auction has judicial authority and credibility. Before signing up for the court’s online judicial auction, bidders must carefully read the auction announcement, bidding instructions, introduction of the subject matter and other related materials. Fully understand the subject matter and estimate the price, consider whether to bid based on your own circumstances, and must not bid at will, or even bid maliciously, so as not to cause unnecessary losses to yourself.
Text / reporter Dong Zhenjie