Beijing, May 23 (Reporter Lin Lili) Recently, the General Administration of Market Supervision, the Ministry of Commerce and the State Administration of Cultural Heritage jointly issued the Guiding Opinions on Promoting the Standardized and Healthy Development of Online Auction (hereinafter referred to as the Guiding Opinions), which is the first normative document in the field of online auction in China, It is of great significance to further standardize the online auction market order and the healthy development of the auction industry.
In recent years, online auctions have flourished in China. By 2023, the annual transaction scale of various online auctions has exceeded one trillion yuan, becoming an important way of trading non-standard assets. The Guiding Opinions filled in the system gap of online auction management, and for the first time clearly insisted on the consistency of online and offline auction supervision system, requiring that the operational online auction should comply with the existing auction laws and regulations.
The Guiding Opinions clarifies the main responsibilities of online auction platform operators, including fully implementing the requirements of laws and regulations such as the Electronic Commerce Law of the People's Republic of China, the Measures for the Supervision and Administration of Online Transactions on platform responsibilities, performing the obligations of verification and registration of online auction operator information within the platform, and clarifying the legal disposal of illegal auction information Reporting responsibilities, etc.
The Guiding Opinions proposes to strengthen the management of online auction market access. Engaging in operational online auction activities shall obtain the qualification of enterprise legal person in accordance with the Company Law of the People's Republic of China, and obtain the Approval Certificate for Auction Operation issued by the competent commercial 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 auction. Auction of cultural relics through the Internet shall obtain the License for Auction of Cultural Relics issued by the administrative department of cultural relics in accordance with the Law of the People's Republic of China on the Protection of Cultural Relics. The objects of cultural relics shall be examined and approved by the cultural relics department before auction.
At the same time, we will strengthen cooperation in the supervision, law enforcement and supervision of online auction activities. We will promote the establishment of a mechanism for notification, information sharing, and law enforcement linkage among the competent departments of the auction industry, market supervision departments, and cultural relics administrative departments.
The Guiding Opinions require all relevant departments to conscientiously implement the requirements according to the division of responsibilities, supervise and guide the online auction platform and online auction operators within the platform to carry out business activities in accordance with laws and regulations, and jointly create a business environment conducive to the sustainable and healthy development of the online auction industry.
People's Daily (May 24, 2024, Edition 03)
(Editor in charge: Wang Guoji, Zhou Tian)
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