Legal Issues Research Of The Art Product Auction

As an emerging field of art collection, with the development and improvement of living standards of social economy, has gradually walked into the lives of ordinary people. It has helped art market become the citizens after the stock market and real estate investment market to set foot on the third largest trading field. Art trade in2011of the total turnover reached156.1billion peaks, which accounts for nearly sixty percent of the total volume of business is the art auction market. Thus, art auction is the most main art trade platform.Money of heat waves rolling blind and unreasonable factors in the auction system in China is making many art auction domain appeared on false phenomenon. Article will divided the false problem of art auction into two parts:fake shot and mock auction. Fake problem is divided into the auction house deliberately pat and auction apocryphal works of art. Auction houses intentionally making false refers to the auction house deliberately are known to be selling fake works of art, for the regulation of this kind of problem can be reference to the general principles of the civil law and tort law’s the relevant provisions.Article put the most part to discussed the auction law of the number after the second paragraph of article sixty-one of the "statement does not in guarantee genuine in auction" exemption, the statement does not guarantee genuine in auction is auction world of practice and our country is in the form of law should be fixed, statement does not guarantee genuine in auction that the auction house before an auction that the items will not be guaranteed. This view that became some of the auction house did not review obligation excuse and auction apocryphal works of art on the save. Since this theory comes from abroad but our auction law accept this theory did not attention the foreign statement does not guarantee genuine in auction has its unique growth environment. According to this understanding, this article proposed the present stage of our country on the auction law statement does not guarantee responsibility has many loopholes and put forward the auction law in China that do not guarantee genuine in auction to modify and perfect Suggestions. Finally, the article introduces five kinds of measures to aid the statement does not guarantee genuine in auction for better use in the field of art.