Research On The Fake Auction

The auction,as a special and ancient kind of way to trade,involves various goods.Chinese auction industry began to recover in the eighty's metaphase of last century.So far,the auction business has become a vital component of the market economic system.Some influential auction events have exposed the civil law problems.The quality of objective can' t be guaranteed,as sellers lack the principle of honesty and credit.The fact that auctioneer exemption clauses lack restrictions can be abused.Therefore,in the auction,the parties,who should be remind abiding by honesty and credit,pay attention to protecting rights and interests by warranty responsibility.Meanwhile,under the normalization of disclaimer,guarantee the normal auction transactions and promote the benign and stable development of market.Cause of fake auction problem lies in that.First,The parties lack integrity and norms both in law and morality.Second,the auction industry operation chaos,representing that auction agencies accreditation greatly vary and the industry profiteering and speculation induced by issue.Third,it is difficult to do the fake identification,including the complicated law identification and confusedly professional identification.Fourth,there is defection in auctioneer exemption,appearing that auction exemption is unrestricted and the force of law with auctioneer exemption clause is excessive.In view of the above issues,we have awareness and have taken precaution of the fake auction,the construction of an auction system and suggestions,from the following aspects.Above all,establish the integrity of the system.Establish the integrity mechanism,collect and timely publicize the information of parties and auction.Strengthen the integrity of the auction supervision,investigate and rate credit of auction institutions.Secondly,strengthen oversight within the industry.Build the auction industry internal rating system,referring the factors of trading volume and market influence etc for standardized rating.Focus on the level with professional moral and occupation of employees and implement qualification access and reward and punishment system.Furthermore,improve the fake identification procedure.Improve and perfect legislation in fake identification.Establish and perfect the mechanism of fake identification.The last,limit the auction exemption applicable.Referring to relevant provisions of foreign auction exemption,we can consider the compensation fund system introduction.Improve legislation in defects of the domestic auction exemption and limit the auction exemption under the fraud.