完善我國拍賣法之誠實信用法律制度

An Analysis on How to Better Good Faith System in China's Auction Law

拍賣作為一種社會仲介服務已經成為我國市場經濟的一個重要組成部分。拍賣市場中的不誠信行為損害了競買人的合法權益。現行《拍賣法》中拍賣人、委託人在拍賣前聲明不能保證拍賣標的的真偽或者品質瑕疵的，不承擔瑕疵擔保責任」的規定有欠妥當。我國拍賣法的完善重點在於確定拍賣人承擔誠實信用的法定義務，對聲明不保證」瑕疵擔保免責條款作出限制性規定，設立鑑定、登記、備案的市場監管體系，引導拍賣行業自律規則體系的構建，從而推動行業誠信體系建設。As an intermediate service, commercial auction has become an integral part of market economy in China. However, it's worth nothing that fakery is widely seen in the auction market, among which the fake art antiquity is of a lion's share. Article 61 of the Chinese Auction Law sets out that 'Should an auctioneer or a trustee state before an auction that they cannot guarantee the genuineness or the quality of an auction item, he will not bear the liability resulting from defect warranty'. The article is inappropriate to better the Chinese Auction Law, however the key is to: first, specify auctioneer's obligation involving good faith; second narrow the scope of defect warranty disclaimer under article 61; third, establish market supervision system by regulating on art antiquities' evaluation, registration and record-keeping; forth, build self-regulation system of auction business, in order to enhance the awareness of being honest in the whole industry.