Legal analysis: after being sealed up and entering the enforcement stage, those that meet the legal requirements can be auctioned.
Legal basis: Provisions on seizure, seizure and freezing of property in civil execution by people's courts Article 6 The people's court may seal up the residence necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts.
Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts Article 1 In the execution procedure, after the property of the person subjected to execution is sealed up, distrained or frozen, the people's court shall auction, sell off or take other execution measures in time. The Supreme People's Court promulgated the judicial interpretation of the Criminal Procedure Law of People's Republic of China (PRC).
Chapter XVI Seizure, Sealing-up and Freezing of Property and Their Disposal
Article 359 The people's court shall properly keep the property and fruits of the defendant that have been sealed up, detained or frozen, and make a list and attach it for future reference. The defendant's property and fruits transferred by the people's procuratorate with the case shall be properly kept after verification according to the list. No unit or individual may misappropriate or dispose of it by itself.
To seal up real estate, vehicles, ships, aircraft and other property, the right certificate shall be seized, sealed on the spot after taking photos or videos, or kept by the right holder or the close relatives of the defendant, and the name, model, ownership, address and other details of the property shall be registered, and the relevant property registration management department shall be notified to handle the seal-up registration procedures.
When detaining articles, the name, model, specification, quantity, weight, quality, fineness, purity, color, old and new degree, defect characteristics and source of the articles shall be registered and explained. The seized currency and securities shall be registered, and the names, quantities and denominations of the currency and securities shall be stated. Currency shall be deposited in a special bank account, and the name and contents of the bank deposit certificate shall be registered. Seizure of cultural relics, gold and silver, jewelry, precious calligraphy and painting and other valuables and contraband, should be photographed, if necessary, timely identification. The seized articles shall be identified in a timely manner in accordance with relevant regulations.
To freeze deposits, remittances, bonds, stocks, fund shares and other property, the number, type, face value, number and amount shall be registered and indicated.
Article 360 If the ownership of the victim's legal property is clear, it shall be returned in time according to law, but it must be photographed, appraised and valued, and the reasons for the return shall be indicated in the case file, with the original photo, list and victim's collection procedures attached for future reference; If the ownership is unknown, it shall be returned to the victim in proportion after the judgment or ruling of the people's court takes effect, but the returned part shall be deducted.
Article 361 In the course of the trial, if the obligee applies to sell the bonds, stocks, fund shares and other properties that have been sealed up or frozen, and the people's court considers that the interests of the state and the victims will not be harmed, or the normal proceedings will not be affected, or the validity period of the sealed up or frozen bills of exchange, promissory notes and checks will soon expire, it may sell them according to law before the judgment or ruling takes effect. The proceeds shall be kept by the people's court, and the parties concerned or their close relatives shall be informed in time.
Article 362 Physical objects as evidence, including currency and securities as material evidence, shall be transferred with the case. If the defendant appeals or the people's procuratorate protests after the judgment or ruling of first instance is announced, the people's court of first instance shall transfer the above evidence to the people's court of second instance.
Article 363 The following contents shall be examined separately for the physical objects that are not suitable for transfer:
(1) Whether the bulk articles that are inconvenient to carry are transferred to the list of seizure and detention by the seizure and detention organ along with the case, with the original photos and storage procedures attached, indicating the storage location;
(two) whether the perishable, moldy and difficult-to-preserve articles are handed over to the original photos, lists, vouchers (photocopies) with the case after being sealed up and sold by the seizure organ;
(3) Whether firearms, ammunition, highly toxic substances, inflammable and explosive substances, other contraband goods and dangerous goods are transferred to the original photos and lists with the case after being disposed of by the seizure or detention organ in accordance with relevant regulations. The above-mentioned physical objects that are not suitable for transfer shall be appraised according to law, and whether the appraisal opinions are attached shall be examined.
If the seized or detained currency or securities have not been handed over, it shall be checked whether the original photos, lists or other supporting documents are attached.
Article 364 During the court hearing, the property sealed up, seized or frozen and the fruits thereof shall be investigated for ownership, whether it is illegal income or other property involved in the case that should be recovered according to law. If an outsider raises an objection to the ownership of the seized, detained or frozen property and its fruits, the people's court shall examine it and deal with it according to law. After examination, it cannot be confirmed that the seized, detained or frozen property and its fruits are illegal gains or other property involved in the case that should be recovered according to law, and it shall not be confiscated.
Article 365 The judgment shall specify the name, amount, quantity, storage place and disposal method of the sealed-up, distrained or frozen property and its fruits. If a number of properties are involved and it is not appropriate to list them in detail in the text of the judgment, a separate list may be attached. If the property involved is not transferred with the case, it shall be clearly stated in the judgment, and the organ responsible for sealing up, distraining and freezing shall be responsible for handling it.
Article 366 If the property sealed up, seized or frozen and its fruits are found to be illegal gains or other property involved in the case that should be recovered according to law, it shall be returned to the victim or confiscated and turned over to the state treasury, except as otherwise provided by law. If it is decided to return the property involved to the victim, it shall notify the victim to claim it; Unclaimed, it shall be announced; If it is unclaimed for three months after the announcement, it shall be turned over to the state treasury; After being turned over to the state treasury, if someone claims it, and it is verified through investigation, the application shall be returned; If the original has been auctioned or sold, the price shall be returned.
In the case of infringement of state-owned property, the injured unit has terminated and has no rights and obligations to bear, or the losses have been written off, the seized, detained and frozen property and its fruits shall be turned over to the state treasury.
Article 367 Property transferred with the case or sealed up or detained by the people's court and its fruits shall be disposed of by the people's court of first instance after the judgment takes effect. If the property involved is not transferred with the case, the people's court shall, within 10 days after the judgment takes effect, serve the written judgment and ruling on the sealing-up or seizure organ and inform it to return the execution receipt within one month.
Article 368 Where a judgment is made to confiscate frozen deposits, remittances, bonds, stocks, fund shares and other property, the people's court of first instance shall, after the judgment takes effect, serve the written judgment and ruling on the relevant financial institutions and financial departments, notify the relevant financial institutions to turn them over to the state treasury according to law, and return the turned-over vouchers and execution vouchers to the state treasury within 15 days after receiving the notice of execution.
Article 369 If the seized, detained or frozen property is not related to the case but is included in the list, it shall be handled by the seizure, seizure and freezing organ according to law. If the property seized, detained or frozen belongs to the defendant according to law, it shall be returned to the defendant in time after compensating the victim for the loss and executing the property penalty; If the property is not transferred with the case, it shall notify the seizure, seizure and freezing organ to transfer the part of compensation for the victim's losses and execution of property punishment to the people's court.
Article 370 The seizure, seizure and freezing of property and its disposal shall be referred to the relevant provisions of applicable laws and other judicial interpretations if there are no provisions in this interpretation.
If the people's court seals up the vehicle real estate, it shall seal it up on the spot after taking photos or videos, or it may be directly handed over to the defendant's close relatives for safekeeping. In addition, if the seized vehicle is used for enforcement, it may also be auctioned. In other general cases, the court impounds the vehicle, and after investigating the case clearly, it will cancel the impoundment within the specified time.