China Auction Law "warranties Disclaimer

In 1992, "Shanghai Duoyunxuan Art Auction Company", the first art auction company specialized in art auction was established in Shanghai of mainland of China. Since then, the industry of art auction has developed for about twenty years in China. During this twenty years, our art auction industry has experienced rising, booming and dilemma. Currently, the reason of dilemma in our art auction is the overwhelming of fake arts, so comes the crisis of honesty.Some persons of art industry proposed that on account of the rule of defect warranty disclaimer in "Auction Law", auction companies dare to sale fake arts publicly, even take part in producing it. Therefore, they suggested legislative organizations amending the rule of defect warranty disclaimer, so that auctions companies should take on fake art liabilities. Some persons objected the above opinion. They argued defect warranty disclaimer is a customs, so it was not improper for the article of defect warranty disclaimer.This paper had given a deeply research on the following contents:the history of defect warranty disclaimer, the relationship between defect warranty disclaimer and fair and honesty principle, the relationship between defect warranty disclaimer and "Contract Law", the relationship between defect warranty disclaimer and "Consumer Protection Law" and the practice of abroad countries proficient in auction. By these researches, I come to the conclusion: the defect warranty disclaimer in our country breaches international customs and we should improve it. This paper proposed some suggestions on the defect warranty disclaimer. During the above research process, I mainly used the following methods:history research method, contrastive analysis, case analysis and dialectics method.