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通过对X市全市两级法院近两年司法拍卖情况的实证分析可以得出:当前司法拍卖成交率较低,拍卖保留价的降低有利于促进拍卖的成交,评估价对是否成交起着重要的影响,但评估价精准度偏低且普遍高于市场价。司法解释限制拍卖次数导致评估价对拍卖最终能否成交具有重要影响,该限制并不合理,其导致的拍卖不能使法院陷入执行困境。有必要对司法拍卖进行改革,具体包括评估、降价、财产无法拍卖后的处置及重新启动评估拍卖等程序,同时配套构建强制管理制度及公开透明的网络拍卖模式。
Through the empirical analysis of judicial auction of two levels of courts in X cities throughout the country, it can be concluded that the current transaction rate of judicial auction is low, the reduction of auction reserve price is favorable to the promotion of the auction, and the valuation price plays an important role in the transaction However, the accuracy of the valuation is low and generally higher than the market price. Judicial interpretation of the restrictions on the number of auctions led to the valuation of the final auction of the auction can have a significant impact, the restrictions are not reasonable, the auction can not lead to the auction into the implementation of the dilemma. There is a need to reform the judicial auction, including the assessment and price reduction, the disposal after the property can not be auctioned and the re-evaluation of the auction and other procedures. At the same time, it should be accompanied by the establishment of a mandatory management system and an open and transparent online auction model.