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全球著名的苏富比拍卖行于1744年设立并开始从事拍卖活动。近年来,随着经济的不断发展,我国的拍卖市场也日益活跃起来。今年是我国恢复拍卖业的第20个年头,也是《拍卖法》实施10周年。但是,作为一个新兴行业,我国的拍卖市场还很不成熟、规范,拍卖企业弄虚作假、违规操作、不正当竞争以及拍卖从业人员素质不高等现象比较普遍。而且,我国的《拍卖法》制定得过于原则,可操作性较差,给拍卖企业许多恶意规避法律的机会,也给执法部门的监管带来不小的困难。随着拍卖业在我国的不断兴起,一方面修订《拍卖法》或者制定相关实施细则势在必行,另一方面现行的法律法规能够被理解、执行更为重要。本文作者结合亲身办理的两个案例,深入阐释对《拍卖法》相关条款的理解和运用,以期更好地发挥工商职能作用,做好拍卖市场监管工作。
The world-famous Sotheby’s auction house was established in 1744 and began to engage in auction activities. In recent years, with the continuous development of the economy, the auction market in our country is also increasingly active. This year marks the 20th anniversary of the resumption of the auction industry in our country and the 10th anniversary of the implementation of the Auction Law. However, as an emerging industry, the auction market in our country is still immature. It is quite common for norms, malfeasance of auction companies, illegal operations, unfair competition and low quality of auction practitioners. Moreover, the “Auction Law” in our country is set too out of principle and has poor operability, which gives the auction enterprises many opportunities to maliciously circumvent the law and brings considerable difficulties to the supervision of the law enforcement departments. With the continuous rise of the auction industry in our country, it is imperative to revise the “Auction Law” or formulate the relevant implementation rules. On the other hand, the current laws and regulations can be understood and enforced more importantly. The author combines two cases handled in-person to explain in depth the understanding and application of the relevant provisions of the Auction Law so as to better exert the function of industry and commerce and do the supervision over the auction market.