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法律文书对于我们拍卖企业来说,有着非常特别的意义。这是因为法律文书贯穿于企业的每一个拍卖经营活动。我们拿标的时要与委托人签订《委托拍卖合同》,之后我们要发布《拍卖公告》,与竞买人签订《竞买合同》,拍卖时,我们要做《拍卖笔录》,当拍卖成交后,我们要与买受人签订《拍卖成交确认书》。哪一个环节出了问题,其后果都是非常严重的。“工欲善其事,必先利其器”。要规范经营,要取得每一场拍卖会的成功,我们首先就要在拍卖的法律文书上下功夫。做到每一个法律文书的规范与完善,既维护了委托人和竞买人的利益,又维护了我们拍卖人的利益,也保证了企业的规范经营。伴随着经济生活领域的巨大改变,拍卖业也在迅速地成长之中。但整个社会的法律环境和诚信度还有待改善。我们的企业在拍卖活动中会遇到各种各样的问题,甚至是司法诉讼。拍卖业经过二十多年的发展,企业在法律文书的使用过程中积累了很多经验,也得到了不少教训。规范和完善我们的法律文书,不仅是为全行业标准化建设奠定一块重要的基石,而且对今后我们提出《拍卖法》的修改意见都具有非常重要的意义和作用。中拍协在成都举办的“法律文书理论与实践研讨会”结束了,但我们对规范和完善拍卖法律文书的探讨不会结束,我们将研讨会中的部分内容结合企业实践进行了编辑整理,希望能够抛砖引玉。
Legal instruments have a very special significance for our auction companies. This is because legal instruments run through every auction business in the business. When we take the subject to sign with the client commissioned by the auction contract, then we want to publish the auction announcement, and the bidder signed the bidding contract, the auction, we have to do the auction record, when the auction transaction, we To sign a “Auction Confirmation” with the buyer. Which part of a problem, the consequences are very serious. “Workers want good things, must first sharpen his”. To regulate the business, to get every auction success, we must first work hard at the auction of legal instruments. To achieve the standardization and perfection of every legal instrument not only safeguards the interests of clients and bidders, but also protects the interests of our auctioneers as well as the standard operation of the enterprise. With the tremendous changes in the field of economic life, the auction industry is also rapidly growing. However, the legal environment and integrity of the entire community still need to be improved. Our business encounters a variety of problems in the auction, and even legal proceedings. After more than two decades of development in the auction industry, the business has accumulated a great deal of experience in the use of legal documents and has also gained a lot of lessons. To standardize and perfect our legal instruments not only lays an important foundation for the standardization of the entire industry, but also has a very important meaning and effect for the future revision of the “Auction Law.” The “Association for the Theory and Practice of Legal Instruments” held by the Association of Photographers in Chengdu ended. However, the discussion on regulating and perfecting the auctioned legal instruments will not end. We have edited part of the seminar in conjunction with the practice of enterprises Finishing, hoping to start a discussion.