AGAINST

Wang Fenghai

Deputy Secretary General of China Association of Auctioneers

I don't think it is necessary to amend the exemption clause of the Auction Law.

The widely adopted methods of identifying artworks nowadays are making visual observation, referring to available literature evidence, and using instruments. None of these methods is totally accurate. Under the circumstances, it is unrealistic and goes against the principles of fairness and justice to blame the auction house when a fake work is auctioned. 

In addition, the Auction Law also regulates that the auctioneer should publicly display and provide relevant information about the auction item for at least two days before the auction. It gives the buyer a chance to examine the auctioned item, and decide on whether to buy it or not via free will.

This means that the Auction Law protects the buyers' interests.

Wu Qixing

Commentator

The value and the authenticity of the auctioned item, particularly those of artworks, are difficult to be determined. On occasions, the artist has no authority to determine the authenticity of his/her own work. If the auction house were told to shoulder the responsibility when a fake item is auctioned, it would increase the risks of the business, making the future development of the auction trade unpredictable.

The Contract Law and the Law on the Protection of Consumers' Rights and Interests can't be applied to auction sales. Even if people bought necessities in the way of auction, they should follow the special rules of the auction trade. The Auction Law regulates a special selling and buying pattern, in which any dispute should be solved according to the Auction Law. Buyers, who unluckily bought fake artworks at an auction, have no right to demand compensation from the auction house.

Gan Xuejun

President of Beijing Huachen Auctions Co. Ltd.

It is hard to identify the authenticity of artworks in China. In fact, there is no certifying agency that can guarantee its identification results as absolutely accurate. If an auction house claimed to guarantee the authenticity of the items it auctioned, I believe it is lying.

However, if the auctioned work is not guaranteed to be authentic, it is unacceptable for buyers and ordinary people. This is a dilemma for the auction trade. So, I think self-restricting rules inside the trade are more useful in reducing the chances of auctioning fake artworks.