| Largely owing to the rapid development of the market economy, legal issues related to artwork auction have always been a hot topic at home and abroad. On the one hand, a completely fair, open and transparent environment of artwork auction is needed to ensure the normal and orderly circulation of artworks. On the other hand, the laws, regulations and systems of regulating artwork transaction is far from perfect, which leads to repeated occurring and dislocation in artwork auction market, thus having a serious impact on its healthy development. The contradiction between these two aspects makes people highly-anticipated for the research on the legal issues in the artwork auction market.Compared with developed countries in the world, artwork auction market in China is still in a state of disorder. Practitioners of the artwork industry have been vigorously appealing for rectifying the order of artwork auction market and establishing a healthy and orderly exchange platform of artworks, while the construction of legal system is the very effective method to regulate and develop artwork auction market. Only through legal interventions and regulations could Chinese artwork auction market where fake products run amuck and faith is lacking be remedied so as to control the order of the increasingly chaotic artwork auction market and push it onto the path of begin development.This thesis carried out a fundamental research on the legal issues of artwork auction. It analyzed some much-concerned problems such as the legal relations between parties involved in auction, the ownership of copyright and the counterfeits in artwork auction market from a legal perspective. It sorted out the legal relations between all parties involved in artwork auction and the resulting relations between obligations and rights, confirmed the subjects and content of artwork copyright and the copyright ownership of the copy works and joint works, dug out the causes of counterfeits in artwork auction market and the legal obligations that the parties involved should bear, and explored the legal applicability of "declare not to guarantee" clause in artwork auction.Based on analyzing several legal issues closely related to artwork auction, this paper summarized major problems existing in artwork auction market in China. Besides, It proposed suggestions on how to improve the order of artwork auction market in China from the perspective of legal system construction with the hope of fundamentally remedying the disorderly artwork auction market in China through establishing sound legal systems of artwork authenticity and quality appraisal and a social credit legal system and perfecting related legal provisions of "Auction Law". |
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