Legal Issues Research Of The Statement Did Not Guarantee Genuine In Auction

The auction law system that the statement did not guarantee genuine is practice ofinternational auction industry. Our country’s “Auction Law” and “Auction managementmeasures” has also made the rules. But our country’s rule is different from the traditionalrule, which exists many problems, this largely lead to the fake flooding chaos in ourcountry’s present cultural relic and art work auction market. Specifically, our country’ssystem that the statement did not guarantee genuine exists following problems. Firstly,there is dispute in the law application, whether the problem of statement did not guaranteegenuine can apply the “Contract Law” and “Consumer rights and interests protection law”directly or not has different opinions; Secondly, auctioneer’s audit scope is not clear, thereis different understanding to auctioneer’s audit need to what extent is full obligations;Thirdly, Our country’s “Auction Law” about the statement did not guarantee genuine ruleexists many problems, auctioneer regard them as shields and escape responsibility indifferent market ways.In contrast, Britain and America where the auction is developed also have the rule ofthe statement did not guarantee genuine. But there are few disputes about fake in theirauction market. The auction activity in countries such as Britain and America is mainlyadjusted by industry association’s standards and auction enterprises’ rules and regulations.In order to maintain their reputation, many auctions assume responsibility to return inpractice when they encountered fake disputes as long as meeting the prescribed conditions.In order to solve the fake flooding chaos in our country’s present auction market, weshould combine with our country’s actual situation in auction market, learn from theadvanced experience and institutions of foreign auction industry in developed countries,improve the system that the statement did not guarantee genuine. The author thinks itshould be divided into two stages to improve. The first stage，we emphasis on making strict restrictions on our country’s system that the statement did not guarantee genuine. Firstly,this system only applies to the occasion that unable to know the authenticity. Secondly, thestatement did not guarantee genuine should be clear and specific. Thirdly, the introductionand propaganda should not exceed the reasonable limit. Fourthly, the statement did notguarantee genuine should appear in significant ways. When all measures of the first stageare carried out effectively, in order to make the auctioning industry in our country in linewith international standards, we can learn from International accepted practices of fakereturn, establish our country’s fake return system.