一要有据。人民法院在拍卖被查封、扣押的财产时,必须制作裁定书送达被执行人。裁定书尚未生效的,人民法院不得拍卖。二要依法。人民法院在拍卖过程中,只能拍卖被执行人拥有的动产或不动产,而不能拍卖被执行人与他人尚未分割的共有财产或替他人代购代销的物品。 One must have evidence. When the people’s court sells the assets that have been seized or seized, it must make an order and deliver the ruling to the person subject to execution. If the ruling is not yet effective, the people’s court may not auction it. Second, according to law. In the process of auction, the people’s court can only auction the movable or immovable property owned by the executor, and can not auction the common property of the enforced persons and others or the consignment of consignments for others.