China News Service, December 19, according to the website of the Supreme People's Court, the website of the Supreme People's Court published the "Regulations of the Supreme People's Court on Several Issues Concerning the Qualifications of the People's Court of Judicial Auction Real Estate Bidder", which will come into effect on January 1, 2022.

The "Regulations" point out that in the judicial auction of real estate organized by the people's court, the people's court shall not allow bidders who are bound by the purchase restriction policy of the real estate location to apply for participation in the auction.

  The specific regulations are as follows:

Law Interpretation (2021) No. 18

Supreme People's Court

Provisions on Several Issues Concerning the Qualifications of Real Estate Bidders in Judicial Auctions by the People's Courts

  (Adopted at the 1846th meeting of the Judicial Committee of the Supreme People's Court on September 16, 2021, it is hereby promulgated and will come into force on January 1, 2022)

  In order to further regulate the judicial auction of real estate by the people's courts, protect the legitimate rights and interests of the parties, and maintain social and economic order, these regulations are formulated in accordance with the "Civil Code of the People's Republic of China" and "The Civil Procedure Law of the People's Republic of China" and other legal provisions, combined with judicial practice.

  Article 1 In the judicial auction of real estate organized by the people's court, the people's court shall not allow bidders who are bound by the purchase restriction policy of the real estate location to apply for participation in the auction.

  Article 2 When the people’s court organizes judicial auctions of real estate, the auction announcement issued by the people’s court states that bidders must have the qualifications to purchase houses and the corresponding legal consequences. When bidders apply to participate in the auction, they shall promise to have the qualifications to purchase houses and voluntarily bear the legal consequences.

  Article 3 The people’s court shall, after the judicial auction of real estate is completed and before issuing a transaction ruling to the buyer, review the certification materials submitted by the buyer from the time the buyer’s application to participate in the auction to the issuance of the transaction ruling; If the recipient does not meet the conditions for continuing to be eligible to purchase a house, and the buyer requests the issuance of an auction transaction ruling, the people's court shall not allow it.

  Article 4 Where the buyer fictitiously participates in the judicial auction of real estate with the fictitious qualifications of buying a house and the auction transaction is completed, and the parties or interested parties claim that the auction is invalid on the grounds of violation of public order and good customs, the people's court shall support it.

  According to the provisions of the preceding paragraph, if the buyer's fictitious qualification to purchase a house causes the auction to be invalid, he shall be liable for compensation in accordance with the law.

  Article 5: The people's court shall not support the request of the parties such as the executor who does not have the qualification to purchase the house to use the house to pay off the debts.

  Article 6: In the judicial auction of real estate organized by the people's court, where bidders fabricate their qualifications for purchasing a house or collude maliciously between the parties, infringe on the lawful rights and interests of others or evade the obligation to perform legal documents, the people's court shall fine or detain according to the seriousness of the circumstances; Anyone who commits a crime shall be investigated for criminal responsibility in accordance with the law.

  Article 7 In addition to the circumstances set out in the preceding six articles, the People’s Courts organize judicial auctions of real estate for other matters, the "Supreme People's Court's Provisions on Several Issues Concerning People's Courts' Online Judicial Auctions" and "The Supreme People's Court on People's Courts' Civil Execution Auctions, "Provisions on the Sale of Property" and the relevant provisions of the "Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China"".

  Article 8: People's courts organize judicial real estate sales activities, refer to and apply these regulations.

  Article 9 These regulations shall come into effect on January 1, 2022.

  If the judicial interpretation announced by the Supreme People's Court before its implementation is inconsistent with these regulations, these regulations shall prevail.

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