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jimu news commentator xu hanxiong

on september 22, the reporter noticed that the people's court of dafeng district, yancheng city, jiangsu province, announced an auction on the auction platform. the auction object was a bottle of sprite soda, with a starting price of 4.2 yuan and a market price of 6 yuan. the auction information noted that it could only be picked up by yourself and could not be mailed. the auction announcement quickly attracted the attention of some netizens, and many people were surprised that the court auctioned such a low-priced product. (according to a report by ziniu news on september 22)

auction of soda draws attention (webpage screenshot)

the market price of a bottle of sprite soda is only 6 yuan, and the starting price is 4.2 yuan. soda is an everyday consumer product that is easy to buy. the online auction attracted a lot of attention because such a low-priced auction item seems rare, and it also raises questions about whether it will be attractive to buyers. because even if the buyer successfully bids, there are still fees for picking up the goods, and the transportation cost may even exceed the cost of this bottle of sprite soda, which is like "the price of tofu ground into meat". wouldn't it be more convenient to buy a bottle of soda at a nearby supermarket? unless the buyer lives nearby and can pick up the goods, or takes a picture for collection and is willing to spend time on it. otherwise, it is not economically cost-effective. some netizens think that such an auction is impractical and a waste of judicial resources.

in fact, similar small items are not uncommon to be auctioned. in june 2017, the people's court of jiefang district, jiaozuo city, henan province, auctioned a pack of handkerchiefs at a starting price of 1.8 yuan, and finally sold it at 2.8 yuan. in december 2017, the people's court of lushi county, sanmenxia city, henan province, auctioned a batch of sterculia lychnophora at a price of 2.5 yuan, and all of them were sold by bidders. in this auction, the court also auctioned 2 boxes of band-aids at a price of 3 yuan each, and 2 packs of isatis root at a price of 5 yuan each.

as the saying goes, anything is allowed unless prohibited by law. according to fu jian, director of henan zejin law firm, during the execution procedure, the court shall promptly auction and sell the seized, confiscated, or frozen property. as long as the item has property value and meets the circulation conditions, even small items can be auctioned. therefore, there is no legal obstacle to auctioning soda, paper towels, and band-aids. this is the court's execution in accordance with the law, which is beyond reproach.

small items from judicial auction (webpage screenshot)

netizens think that the auction items are too cheap and are "making a mountain out of a molehill". in fact, this is both a reflection of the difficulty of court enforcement and a reflection of the court's serious efforts to enforce the law. the court will not give up any opportunity to recover losses for the parties and will not "refuse to do anything because the item is small". this spirit of conscientious performance of responsibility deserves recognition.

why would the soda be auctioned? some netizens said that this only shows that the debtor has too little property to be executed. this is indeed the case. according to reports, one of the owners of the bottle of sprite soda is a legal person of a biotechnology company and a marine food company in jiangsu. mr. chen, one of the debtors, said helplessly that the company has gone bankrupt and has no more property to be executed. it can be seen that the court auctioned the soda because it had no choice.

according to reports, in the past auction records of the dafeng district people's court of yancheng city, expired glass water at 4.08 yuan, a weight scale at 5 yuan, and a vegetable washing basin at 7 yuan were successfully auctioned. the court did not miss any small auction items and recovered some losses for the applicants for execution who suffered losses in related cases. this also shows the efforts made by the court to protect the rights and interests of the applicants for execution.

some netizens questioned whether such auctions are worthwhile because they consume judicial resources. it should be noted that online judicial auctions provide convenience for the auction of small items. in online auctions, auction-related parties do not have to pay relevant fees to the trading platform, realizing a zero-commission auction model. it also has the advantage of improving auction efficiency, which creates conditions for the auction of small items. according to the judge, compared with auctions of houses, cars and other items, such small items do not need to be inspected, which can save a large part of the cost. the auction is also conducted in accordance with judicial procedures. "even if the items seized from the person subject to execution are only worth 1 cent or 10 cents, they need to be auctioned." the proceeds from the auction will be paid to the applicant for execution. if it is subsequently discovered that the person subject to execution has other properties that can be auctioned, the seizure and auction will also be carried out.

this explains why the judicial auction of small items is not a superfluous move, but a necessary measure to safeguard the rights and interests of the applicant for execution, and it is not outrageous. of course, if there are many small items, they can also be auctioned in batches, which can not only save judicial resources but also improve auction efficiency. we may wish to have more understanding of the auction of such small items and see the efforts made by the court to solve the problem of difficulty in execution.