The Liability For Guaranteeing The Drawbacks About The Auctioneer

In general trading relationship, warranty liability is to regulate the behavior of the seller, maintain transaction security and consumer protection, as a special auction sale shall also be applicable warranty liability. Our auction industry since the reform and opening to the rapid development, according to Commerce Department statistics, as of2013, domestic enterprises have over6000auction. China formulated the "Auction Law" in1996, since January1,2003implementation.Implementation dating back nearly20years the Act. In the auction practice, most focus auction disputes are concentrated in the applicable auctioneer should not assume warranty liability, liability form and auctioneer Disclaimer. China’s "Auction Law," which provides that the claims of the buyer, but the foundation does not give the buyer the right to claim for compensation, the auctioneer can be based on "Auction Law"62carried exemption, which makes most of the interests of the buyer get relief under the circumstances, the rights and obligations of the auctioneer and the buyer out of balance in the legislation."Contract Law" Although there are provisions for warranty liability, but the provision of too general, can not be directly applied to the auctioneer. Disputes between the auctioneer and the buyer has not solved. In view of the auctioneer defect warranty problems in the system, this paper attempts to "fake paintings Wu case" as a starting point, starting from the basic theory of warranty liability system, the analysis of the current problems in the relevant legislation and learn civil law Department of Anglo-American law and regulations on the auctioneer warranty liability regime, make specific recommendations to improve that auctioneer Elements flaw guarantee liability system, liability form, set the disclaimers and related mechanisms to improve, and so on.The first part,"Wu fake paintings case" case analyzes the main problems auctioneer warranty defects that exist in practice, and then discuss the legal status of the auctioneer, the auctioneer and warranty liability define specific meaning.The second part of the current legislation is analyzed, the main provisions of the warranty liability in the "Contract Law", but too general contract law, can not be directly applicable in the auction, the applicable warranty liability based on the needs of the special nature of the industry refinement."Product Quality Law" in the product warranty liability is contract law warranty liability of concrete, is a relatively complete system. In contrast ratio, our "Auction Law" provisions of the auctioneer’s only explanation obligations and disclaimers, such provisions and civil law, the auction method of fairness, is contrary to the principle of good faith, leading to the interests of the buyer and the artist rights are easily violated.The third section describes the provisions of the developed countries on the auctioneer’s warranty liability and comparison with our legislation, we can see that China has a large gap with foreign laws and regulations, industry standards, developed countries regard warranty on defects the relevant provisions of compensation claims and the right to return to China has major implications.The fourth part proposes auctioneer warranty liability of perfect proposal. By analyzing the possibility and necessity of the establishment of the auctioneer’s warranty liability, propose specific ideas, including the auctioneer warranty liability of Elements, set liability ways Disclaimer. In addition, the protection of the rights of the buyer not only rely on the law, it should strengthen the management of related systems, such as identification of aspects to improve, strengthen self-discipline.