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 Release date: 2024-05-23   |   Number of visits: 230    
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Recent,State Administration for Market Regulation、Ministry of Commerce、The State Administration of Cultural Heritage jointly issued the "Guiding Opinions on Promoting the Standardized and Healthy Development of Online Auctions" (hereinafter referred to as the "Guiding Opinions"),The heads of relevant departments and bureaus of the State Administration for Market Regulation answered reporters’ questions on relevant issues。

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  Answer:In recent years,Online auctions are booming in my country。As of 2023,The annual transaction volume of various online auction activities has exceeded one trillion yuan,Become an important way to trade non-standard assets,Inventory of existing assets、Improve element allocation efficiency、Improving the modern circulation system has played a significant role,Strong growth、Promote consumption、Expanding employment has a positive impact。

But,Because the "Auction Law of the People's Republic of China", "Auction Management Measures", "Auction Supervision and Management Measures", "Cultural Relics Auction Management Measures", etc. were formulated earlier,No clear provisions on online auctions。Some entities have non-compliant qualifications、Irregular business development、Imperfect regulatory system、Problems such as the need to strengthen the integrity system are becoming increasingly prominent。In order to solve the above problems,Further improve the online auction supervision system,Regulating the order of the online auction market,Promote high-quality development of the auction industry,The State Administration for Market Regulation and the Ministry of Commerce、State Administration of Cultural Heritage,In accordance with the "Civil Code of the People's Republic of China", "Auction Law of the People's Republic of China", "E-Commerce Law of the People's Republic of China", "Cultural Relics Protection Law of the People's Republic of China", "Auction Management Measures", "Auction Supervision and Management Measures" and other laws and regulations,dafabet casino mobile appAdhere to problem orientation,Starting from the actual development of online auctions,Study and formulate "Guiding Opinions"。

  二、What are the highlights of the "Guiding Opinions" in regulating and promoting online auction activities?

  Answer:The issuance of the "Guiding Opinions" is of great significance in three aspects。

First, the "Guiding Opinions" is the first normative document in the field of online auctions,Filling the institutional gap in online auction management,For the first time, we clearly adhere to the consistency of online and offline auction supervision systems,Requirements for commercial online auctions to comply with current auction laws and regulations。

Second, the "Guiding Opinions" clarified for the first time the main responsibilities of online auction platform operators,Including: Comprehensively implement the requirements of the "E-Commerce Law of the People's Republic of China", "Online Transaction Supervision and Administration Measures" and other laws and regulations regarding platform responsibility,Perform verification of online auction operator information within the platform、Registration obligations,And clarify the legal handling of illegal auction information、Reporting responsibilities, etc.。

The third is to promote the transformation and upgrading of traditional industries、Relevant requirements to support the development of modern service industry,The "Guiding Opinions" put forward for the first time specific opinions on encouraging the innovative development of online auctions,The introduction is conducive to promoting the sustainable and healthy development of the online auction industry。

  三、In recent years,New forms of online auctions continue to emerge,How to effectively supervise new forms of online auctions has attracted much attention。To this,What are the provisions of the "Guiding Opinions"?

  Answer:“On-site and online simultaneous auctions”, “live broadcast auctions”, “online bidding” and other new forms、New business formats continue to emerge,Operation of "licensed but not licensed" and "unlicensed and unlicensed" in online auction activities、False propaganda、Malicious collusion、Fake transaction、Pretending to be fake、Cultural relics auction targets have not been reviewed、Illegal activities such as auctioning cultural relics prohibited from sale by the state occur from time to time,How to effectively supervise the above phenomena is urgent。To this,The "Guiding Opinions" put forward three requirements。

First, strengthen online auction market access management。To engage in commercial online auction activities, one must obtain corporate legal person status in accordance with the "Company Law of the People's Republic of China",Obtained the "Auction Operation Approval Certificate" issued by the competent commerce department in accordance with the "Auction Law of the People's Republic of China",Except for other provisions of laws and regulations such as online judicial auctions。Auction of cultural relics through the Internet,The "Cultural Relics Auction License" issued by the cultural relics administrative department shall be obtained in accordance with the "Cultural Relics Protection Law of the People's Republic of China",Cultural relics objects must be reviewed and approved by the cultural relics department before auction。

The second is to strengthen the supervision and law enforcement of online auction activities。By increasing law enforcement、Strengthen social supervision,Increase the disclosure and publicity of licensing information and other measures,Focus on regulating illegal activities that disrupt market order in online auction activities。

The third is to strengthen supervision and coordination of online auctions。Promote the establishment of auction industry authorities、Market Supervision Department、Situation notification between cultural relics administrative departments、Information Sharing、Law enforcement linkage working mechanism。

  four、The "Guiding Opinions" points out the direction for the innovative development of the online auction market,In what specific aspects?

  Answer:Standardizing supervision and promoting development are the outstanding features of the "Guiding Opinions"。Legal procedures and transaction characteristics for auction activities,"Guiding Opinions" encourages model innovation,Guide various business entities to participate in the construction of online auction infrastructure、Develop a full-process online auction system、Develop target display products that effectively protect bidders’ right to know。For platform entities unique to online auctions,"Guiding Opinions" encourages technological innovation,Guide online auction platform operators to comply with auction laws, regulations and business standards,Actively participate in the construction of the online auction market system,Form a good online auction market ecology。For the high-quality development of the online auction industry,"Guiding Opinions" encourages service innovation,Guide auction companies to further leverage their market and professional advantages,Innovative service model,Rich service scenarios,Expand service content,Promote the professionalization of online auctions、Scale development。In order to release the development vitality of online cultural relics auction,"Guiding Opinions" encourages business innovation,Promote the formulation of relevant standards for online cultural relic auctions,Guide online cultural relics auction operators to extend the industrial chain,Promote the auction and entrustment of online cultural relics、Online display、Integrated development of education, research and other industries。

  五、Online auction platform operators are important participants in online auction activities。In order to further consolidate the main responsibility of the platform,What specific measures are stipulated in the "Guidance Opinions"?

  Answer:The platform has the dual attributes of "market" and "enterprise",Plays a unique role in online auction activities,is an important participant in promoting the standardized and healthy development of online auctions。Consolidate the main responsibility of the platform,Strengthen the internal governance of the platform,To protect the legitimate rights and interests of online auction parties and online auction operators within the platform,Create safety、A secure online auction market environment is of great significance。

The "Guiding Opinions" are in accordance with the requirements of the "E-Commerce Law of the People's Republic of China", "Online Transaction Supervision and Administration Measures" and other laws and regulations regarding platform responsibilities,Combined with the "Auction Law of the People's Republic of China", "Cultural Relics Protection Law of the People's Republic of China" and other relevant legal provisions,Make a series of regulations to consolidate the responsibilities of online auction platform operators,Mainly including: First, the identity of the online auction operator within the platform、Auction License、Verification of cultural relics auction license and other information、Register;The second is to deal with illegal auction information on the platform in accordance with the law、Report;The third is the auction category for franchises such as cultural relics,Online auction platform operators must improve their professional review capabilities and Dafabet reviewsinternal control system construction,Strengthen dynamic inspections and timely handling of illegal transactions;The fourth is to provide conditions for online auction operators within the platform to fulfill their information disclosure obligations in accordance with the law,Urge online auction operators to disclose relevant business license information;Fifth, the online auction business carried out by the operator of the online auction platform as the auctioneer should be marked as "auction self-operated",To ensure that the parties involved in the auction can be clearly identified。

Source: State Administration for Market Regulation website