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中华人民共和国拍卖法(两种译法)
发布时间:2011-8-31 10:43:00||  点击:2138次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


中华人民共和国拍卖法

Auction Law of the People's Republic of China

Auction Law of the People's Republic of China

第一章  总  则

Chapter I General Provisions

Chapter I General Provisions

第一条  为了规范拍卖行为,维护拍卖秩序,保护拍卖活动各方当事人的合法权益,制定本法。

Article 1 This Law has been formulated with a view to standardizing the auction behavior, safeguarding the auction order, and protecting the legitimate rights and interests of various parties involved in auction activity.

Article 1. This Law has been formulated with a view to standardising auction procedures, and protecting the rights and interests of the various parties involved in auction activities.

第二条  本法适用于中华人民共和国境内拍卖企业进行的拍卖活动。

Article 2 This Law shall apply to the auction activity carried out by auction enterprises within the territory of the People's Republic of China.

Article 2. This Law shall apply to auction activities carried out by auction enterprises within the territory of the People's Republic of China.

第三条  拍卖是指以公开竞价的形式,将特定物品或者财产权利转让给最高应价者的买卖方式。

Article 3 Auction means the buying and selling form through which designated articles or property rights are transferred, in the form of public bidding, to those providing the highest bidding price.

Article 3. Auction means the buying and selling form through which designated artifacts or property rights are transferred, in the form of public bidding, to those providing the highest bidding price.

第四条  拍卖活动应当遵守有关法律、行政法规,遵循公开、公平、公正、诚实信用的原则。

Article 4 Auction activity shall abide by relevant laws and administrative decrees, and follow the principle of openness, fairness, impartiality, honesty and credibility.

Article 4. Auction activities shall abide by relevant laws and administrative decrees, and follow the principles of openness, fairness, impartiality, and honesty.

第五条  国务院负责管理拍卖业的部门对全国拍卖业实施监督管理。

Article 5 The State Council is responsible for managing the department in charge of the auctioning industry, which will exercise supervision over and management of the national auctioning industry.

Article 5. The department in charge of auctioning under the State Council is responsible for the supervision and management of the auction industry nationwide.

省、自治区、直辖市的人民政府和设区的市的人民政府负责管理拍卖业的部门对本行政区域内的拍卖业实施监督管理。

People's governments of various provinces, autonomous regions and municipalities directly under the central government and people's governments of cities with districts are responsible for managing the departments in charge of the auctioning industry, which will exercise supervision over and management of the auctioning industry within their respective administrative regions.

Departments within governments of provinces, autonomous regions and municipalities directly under the central government and governments of cities with districts are responsible for supervision over and management of the auction industry within their respective administrative regions.

公安机关对拍卖业按照特种行业实施治安管理。

Public security departments shall exercise security control over the auctioning industry as special industry.

 

第二章  拍卖标的

Chapter II Auction Targets

Chapter II Artifacts for Auction

第六条  拍卖标的应当是委托人所有或者依法可以处分的物品或者财产权利。

Article 6 Auction target shall be articles or the property rights owned by trustees or disposable according to law.

Article 6. Artifacts or property rights which may be auctioned shall be consigned for auction by the owner or be disposable legally.

第七条  法律、行政法规禁止买卖的物品或者财产权利,不得作为拍卖标的。

Article 7 Articles or property rights whose purchase and sale are prohibited by laws and administrative decrees shall not be taken as auction targets.

Article 7. Artifacts or property rights whose purchase and sale are prohibited by law or administrative decree may not be auctioned.

第八条  依照法律或者按照国务院规定需经审批才能转让的物品或者财产权利,在拍卖前,应当依法办理审批手续。

Article 8 Articles or property rights whose transfer is subject to the examination and approval according to law or in accordance with State Council provisions shall, before being auctioned, go through examination and approval procedures according to law.

Article 8. Artifacts or property rights whose transfer is subject to examination and approval according to law or in accordance with State Council provisions shall, before being auctioned, go through examination and approval procedures according to the law.   

委托拍卖的文物,在拍卖前,应当经拍卖人住所地的文物行政管理部门依法鉴定、许可。

Cultural relics consigned for sale shall, before being auctioned, be assessed and permitted according to law by the cultural administrative department where the auctioneer resides.

Cultural relics consigned for sale shall, before being auctioned, be assessed and approved according to the law by the cultural administrative department where the auctioneer resides.

第九条  国家行政机关依法没收的物品,充抵税款、罚款的物品和其他物品,按照国务院规定应当委托拍卖的,由财产所在地的省、自治区、直辖市的人民政府和设区的市的人民政府指定的拍卖人进行拍卖。

Article 9 Should articles confiscated by the state administrative department according to law, articles used to pay taxes or fines and other kinds of articles be auctioned on consignment in accordance with State Council provisions, they shall be auctioned by the auctioneers designated by the people's governments with districts where such property lies.

Article 9. Artifacts legally confiscated by the state administrative department, artifacts used to pay taxes or fines and other kinds of artifacts consigned for auction in accordance with State Council provisions shall be auctioned by the auctioneers designated by the governments where such property lies.

拍卖由人民法院依法没收的物品,充抵罚金、罚款的物品以及无法返还的追回物品,适用前款规定。

The auction of articles confiscated by a people's court according to law, articles used to pay fines and found articles that cannot be returned are subject to the stipulation of the above paragraph.

The auction of artifacts confiscated by the courts according to law, artifacts used to pay fines and unclaimed lost property are subject to the stipulation of the above paragraph.

第三章  拍卖当事人

Chapter III Parties Involved in Auction

Chapter III Parties to an Auction

第一节  拍卖人

Section One Auctioneers

Section One: The Auctioneer

第十条  拍卖人是指依照本法和《中华人民共和国公司法》设立的从事拍卖活动的企业法人。

Article 10 An auctioneer is an enterprise legal person that has been established to engage in auction activity in accordance with this Law and the Corporate Law of the People's Republic of China.

Article 10. An auction enterprise shall be an enterprise legal person that has been established to engage in auction activity in accordance with this Law and the Corporate Law of the People?|s Republic of China.

第十一条  拍卖企业可以在设区的市设立。

Article 11 An auction enterprise may be set up in a city with districts.

Article 11. An auction enterprise may be set up in a city with districts.

设立拍卖企业必须经所在地的省、自治区、直辖市人民政府负责管理拍卖业的部门审核许可,并向工商行政管理部门申请登记,领取营业执照。

The establishment of an auction enterprise is subject to the examination and approval by the department in charge of managing the auctioning industry as authorized by the people government of a province, an autonomous region and a municipality directly under the central government where it is located, and shall apply and register with the administrative department for industry and commerce receive a business license.

The establishment of an auction enterprise is subject to examination and approval by the department in charge of managing the auctioning industry as authorized by the government of a province, an autonomous region or a municipality directly under the central government where it is located, and shall apply and register with the administrative department for industry and commerce and receive a business license.

第十二条  设立拍卖企业,应当具备下列条件:

Article 12 Whoever establishes an auction enterprise shall meet the following requirements:

Article 12. An auction enterprise shall meet the following requirements:

(一)有一百万元人民币以上的注册资本;

(1) Having a registered capital of at least one million yuan;

(1) registered capital of at least RMB1million;

(二)有自己的名称、组织机构、住所和章程;

(2) Having his own name, organizational setup, residence and articles of association;

(2) trading name, organisational setup, registered address and constitution;

(三)有与从事拍卖业务相适应的拍卖师和其他工作人员;

(3) Having auctioneers and other staff qualified for the auctioning business;

(3) qualified auctioneers and other staff;

(四)有符合本法和其他有关法律规定的拍卖业务规则;

(4) Having formulated rules on the auction business that comply with this Law and the stipulations of other relevant laws;

(4) rules and procedures that comply with this Law and the stipulations of other relevant laws have been formulated;

(五)有公安机关颁发的特种行业许可证;

(5) Having the permit on a special industry issued by the public security department;

 

(六)符合国务院有关拍卖业发展的规定;

(6) Complying with the State Council provisions regarding the development of the auctioning industry; and

(5) compliance with the State Council provisions regarding the development of the auction industry;

(七)法律、行政法规规定的其他条件。

(7) Meeting other requirements as prescribed by laws and administrative decrees.

(6) meeting other requirements as prescribed by laws and administrative decrees.

第十三条  拍卖企业经营文物拍卖的,应当有一千万元人民币以上的注册资本,有具有文物拍卖专业知识的人员。

Article 13 Should an auction enterprise handle the auction of cultural relics, it shall have a registered capital of at least 10 million yuan and have personnel with the professional expertise of relics auction.

Article 13. An auction enterprise handling the auction of cultural relics shall have a registered capital of at least RMB10 million and have personnel with professional expertise of the auction of such items.

第十四条  拍卖活动应当由拍卖师主持。

Article 14 Auction activity shall be presided over by an auctioneer.

Article 14. Auctions shall be run by an auctioneer.

第十五条  拍卖师应当具备下列条件:

Article 15 An auctioneer shall meet the following requirements:

Article 15. An auctioneer shall meet the following requirements:

(一)具有高等院校专科以上学历和拍卖专业知识;

(1) Having a university or college education and professional expertise of auction;

(1) university or college education and professional auction expertise;

(二)在拍卖企业工作两年以上;

(2) Having worked in an auctioning enterprise for more than two years; and

(2) has worked in an auction enterprise for more than two years;

(三)品行良好。

(3) Having a moral integrity.

(3) integrity.

被开除公职或者吊销拍卖师资格证书未满五年的,或者因故意犯罪受过刑事处罚的,不得担任拍卖师。

Those who have been dismissed from their posts and those for whom five years have not passed since their auctioneer certificates were revoked, or those who have been meted out criminal punishment for deliberately committing a crime may not serve as auctioneers.

Those who have been dismissed from their posts and those whose auctioneer certificates have been revoked within the previous five years, or those who have a criminal record may not serve as auctioneers.

第十六条  拍卖师资格考核,由拍卖行业协会统一组织。

Article 16 The examinations for the qualification of auctioneers shall be organized exclusively by the auction Industry Association.

Article 16. The examinations for the qualification of auctioneers shall be organised exclusively by the Auction Industry Association.

经考核合格的,由拍卖行业协会发给拍卖师资格证书。

Those passing the examinations shall be issued auctioneer qualification certificates by the Auctioning Industry Association.

Those passing the examinations shall be issued auctioneer qualification certificates by the Auction Industry Association.

第十七条  拍卖行业协会是依法成立的社会团体法人,是拍卖业的自律性组织。

Article 17 The Auctioning Industry Association is a mass organization legal person established according to law and a self-disciplining organization in the auctioning industry.

Article 17. The Auction Industry Association is a mass organisation legal person established according to law, and the self-regulatory body for the auction industry.

拍卖行业协会依照本法并根据章程,对拍卖企业和拍卖师进行监督。

The Auctioning Industry Association shall exercise supervision over auction enterprises and auctioneers in accordance with this Law and its articles of Association.

The Auction Industry Association shall exercise supervision over auction enterprises and auctioneers in accordance with this Law and its constitution.

第十八条  拍卖人有权要求委托人说明拍卖标的的来源和瑕疵。

Article 18 An auctioneer has the right to ask the trustee to state the source and drawbacks of auction targets.

Article 18. An auction house has the right to ask the seller to state the provenance and defects of items consigned for auction.

拍卖人应当向竞买人说明拍卖标的的瑕疵。

The auctioneer shall state the drawbacks of auction targets to the bidders.

The auction house shall state the defects of items to the bidders.

第十九条  拍卖人对委托人交付拍卖的物品负有保管义务。

Article 19 An auctioneer has the obligation of taking care of articles submitted by the trustee for auction.

Article 19. An auction house has the obligation of taking care of artifacts submitted by the seller for auction.

第二十条  拍卖人接受委托后,未经委托人同意,不得委托其他拍卖人拍卖。

Article 20 Upon accepting trust, an auctioneer shall not trust other auctioneers for auction unless approved by the trustee.

Article 20. Having accepted an item for auction, an auction house shall not delegate the sale to another auction house unless approved by the seller.

第二十一条  委托人、买受人要求对其身份保密的,拍卖人应当为其保密。

Article 21 Should a trustee or a buyer ask to keep secret of his or her identity, the auctioneer shall keep secret for him or her.

Article 21. Should a seller or a buyer ask that his or her identity be kept secret, the auction house shall maintain confidentiality.

第二十二条  拍卖人及其工作人员不得以竞买人的身份参与自己组织的拍卖活动,并不得委托他人代为竞买。

Article 22 An auctioneer and other personnel shall not, in the capacity of bidders, participate in the auction activity organized by them, and shall not trust others to bid for them.

Article 22. An auction house or its personnel shall not bid in their own auctions and shall not ask others to bid for them.

第二十三条  拍卖人不得在自己组织的拍卖活动中拍卖自己的物品或者财产权利。

Article 23 An auctioneer shall not auction his or her own articles or property rights in the auction activity organized by him or her.

Article 23. An auction house shall not auction its own articles or property rights in the auction activity organised by it.

第二十四条  拍卖成交后,拍卖人应当按照约定向委托人交付拍卖标的的价款,并按照约定将拍卖标的移交给买受人。

Article 24 After an auction is completed, the auctioneer shall, as agreed upon, pay the sum of money of the auction targets to the trustee, and shall, as agreed upon, transfer the auction targets to the buyer.

Article 24. After an auction is completed, the auction house shall pay the sale proceeds to the seller, and shall transfer the auctioned item to the buyer, in accordance with the terms of sale.

第二节  委托人

Section 2 Trustees

Section Two: The Seller

第二十五条  委托人是指委托拍卖人拍卖物品或者财产权利的公民、法人或者其他组织。

Article 25 An trustee means a citizen, a legal person or an organization trusting the auctioneer to auction his or her articles or property rights.

Article 25. A seller means the natural person, legal person or other organisation appointing the auction house to auction his or her artifacts or property rights.

第二十六条  委托人可以自行办理委托拍卖手续,也可以由其代理人代为办理委托拍卖手续。

Article 26 Trustees may independently handle trust auction procedures, and may also ask their agents to handle trust auction procedures for them.

Article 26. Sellers may handle auction procedures themselves, and may also ask their agents to handle auction procedures for them.

第二十七条  委托人应当向拍卖人说明拍卖标的的来源和瑕疵。

Article 27 An trustee shall state the source and drawbacks of his or her auction targets to the auctioneer.

Article 27. A seller shall state the provenance and defects of items consigned for auction to the auction house.

第二十八条  委托人有权确定拍卖标的的保留价并要求拍卖人保密。

Article 28 An trustee has the right to set the retentive price of an auction target to the auctioneer.

Article 28. A seller has the right to set a reserve price.

拍卖国有资产,依照法律或者按照国务院规定需要评估的,应当经依法设立的评估机构评估,并根据评估结果确定拍卖标的的保留价。

Should the auction of state-owned assets require the evaluation according to law or in accordance with State Council provisions, such assets shall be evaluated by an evaluation agency established according to law and the retentive price of an auction target shall be set in line with the evaluation result.

Should the auction of state-owned assets require an evaluation according to law or in accordance with State Council provisions, such assets shall be evaluated by an evaluation agency established according to law and the reserve price shall be set in line with the evaluation result.

第二十九条  委托人在拍卖开始前可以撤回拍卖标的。委托人撤回拍卖标的的,应当向拍卖人支付约定的费用;

Article 29 Before an auction begins, an trustee may withdraw his or her auction targets. Should a trustee withdraw his or her auction targets, he or she shall pay costs as agreed upon to the auctioneer.

Article 29. A seller may withdraw an artifact from auction before the auction begins. If a seller does so, he or she shall pay costs as agreed upon to the auction house.

未作约定的,应当向拍卖人支付为拍卖支出的合理费用。

In the absence of an agreement, he or she shall pay the auctioneer reasonable costs paid for an auction.

In the absence of an agreement, he or she shall pay the auction house's reasonable costs.

第三十条  委托人不得参与竞买,也不得委托他人代为竞买。

Article 30 Trustees shall not participate in bidding or trust others to providing bidding for them.

Article 30. Sellers shall not bid or ask others to bid for them for their own items.

第三十一条  按照约定由委托人移交拍卖标的的,拍卖成交后,委托人应当将拍卖标的移交给买受人。

Article 31 Should an auction target be transferred as agreed upon, after the auction is completed, the trustee shall transfer the auction target to the buyer.

Article 31. After the auction is completed, the seller shall transfer the auctioned item to the buyer.

第三节  竞买人

Section three Bidders

Section Three: The Bidder

第三十二条  竞买人是指参加竞购拍卖标的的公民、法人或者其他组织。

Article 32 A bidder means a citizen, a legal person or an organization participating in bidding for auction targets.

Article 32. A bidder means a natural person, a legal person or other organisation participating in the bidding at an auction.

第三十三条  法律、行政法规对拍卖标的的买卖条件有规定的,竞买人应当具备规定的条件。

Article 33 should laws and administrative decrees spell out stipulations on buying and selling requirements for auction targets, any bidder shall meet the prescribed requirements.

Article 33. Should laws and administrative decrees stipulate buying and selling requirements for items at auction, a bidder shall comply with the prescribed requirements.

第三十四条  竞买人可以自行参加竞买,也可以委托其代理人参加竞买。

Article 34 Bidders may participate in bidding on their own, or may trust their agents to participate in bidding for them.

Article 34. Bidders may bid themselves, or may appoint agents to bid on their behalf.

第三十五条  竞买人有权了解拍卖标的的瑕疵,有权查验拍卖标的和查阅有关拍卖资料。

Article 35 A bidder has the right to know the drawbacks of an auction target, to check the said auction target and consult relevant auction data.

Article 35. A bidder has the right to know the defects of an item to be auctioned, to examine the item and consult relevant auction data.

第三十六条  竞买人一经应价,不得撤回,当其他竞买人有更高应价时,其应价即丧失约束力。

Article 36 Once the bidding price is announced, a bidder shall not withdraw it. When other bidders providing higher bidding prices, his bidding price shall no longer be valid.

Article 36. Once a bid is made, a bidder shall not withdraw it. If another bidder makes a higher bid, the previous bid shall no longer be valid.

第三十七条  竞买人之间、竞买人与拍卖人之间不得恶意串通,损害他人利益。

Article 37 Bidders shall not viciously collaborate with other bidders and auctioneers shall not do so with auctioneers to damage the interests of others.

Article 37. Bidders shall not maliciously collaborate with other bidders or the auctioneer to damage the interests of others.

第四节  买受人

Section Four Buyers

Section Four: The Buyer

第三十八条  买受人是指以最高应价购得拍卖标的的竞买人。

Article 38 A buyer means a bidder who purchases an auction target with the highest bidding price.

Article 38. A buyer means a bidder who purchases an item at auction with the highest bid.

第三十九条  买受人应当按照约定支付拍卖标的的价款,未按照约定支付价款的,应当承担违约责任,或者由拍卖人征得委托人的同意,将拍卖标的再行拍卖。

Article 39 A buyer shall pay the sum of money for an auction target as agreed upon. Whoever fails to pay such a sum as agreed upon shall bear the liabilities of breaking a contract, or with the approval of the trustee, the auctioneer may re-auction the auction target.

Article 39. A buyer shall pay the sum of money for the item as agreed upon. If the buyer fails to pay the agreed price, it shall bear the liabilities of breaking a contract or, with the approval of the seller, the auction house may re-auction the item.

拍卖标的再行拍卖的,原买受人应当支付第一次拍卖中本人及委托人应当支付的佣金。

In the case of re-auctioning an auction target, the original buyer shall pay the commission himself or herself and the trustee shall pay for the auction for the first time.

In the case of re-auctioning, the original buyer shall pay the commission for the first auction.

再行拍卖的价款低于原拍卖价款的,原买受人应当补足差额。

Should the price of a re-auction be lower than the price of the original auction price, the original buyer shall pay for the balance.

Should the price on re-auction be lower than the price achieved at the original auction, the original buyer shall pay the difference.

第四十条  买受人未能按照约定取得拍卖标的的,有权要求拍卖人或者委托人承担违约责任。

Article 40 Should a buyer fail to obtain an auction target as agreed upon, he or she has the right to demand that the auctioneer or the trustee bear the liabilities of breaking a contract.

Article 40. Should a buyer fail to obtain an item as agreed upon, he or she has the right to demand that the auction house or the seller bear the liabilities of breaking a contract.

买受人未按照约定受领拍卖标的的,应当支付由此产生的保管费用。

Should a buyer fail to take back an auction target as agreed upon, he or she shall pay the storage costs arising thereafter.

Should a buyer fail to remove an item as agreed upon, he or she shall pay the storage costs arising thereafter.

第四章  拍卖程序

Chapter IV Auction Procedures

Chapter IV Auction Procedures

第一节  拍卖委托

Section One Auction Trust

Section One: Auctioneer and Seller

第四十一条  委托人委托拍卖物品或者财产权利,应当提供身份证明和拍卖人要求提供的拍卖标的的所有权证明或者依法可以处分拍卖标的的证明及其他资料。

Article 41 Should a trustee trust an auctioneer to auction articles or property rights, he or she shall provide his or her identity certificate, or the certificate of the ownership of the auction target as required by the auctioneer, or the certificate or other data which can demonstrate that he or she can dispose of the auction target.

Article 41. Should a seller instruct an auction house to auction articles or property rights, he or she shall provide his or her identity certificate, or the certificate of the ownership of the item for auction as required by the auction house, or the certificate or other data which can demonstrate that he or she may dispose of the item.

第四十二条  拍卖人应当对委托人提供的有关文件、资料进行核实。

Article 42 An auctioneer shall verify the relevant documents and data provided by his trustee.

Article 42. An auction house shall verify the relevant documents and data provided by the seller.

拍卖人接受委托的,应当与委托人签订书面委托拍卖合同。

Should the auctioneer accept a trust, he or she shall sign a written contract on trust auction with the trustee.

Should the auction house accept instructions, it shall sign a written contract with the seller.

第四十三条  拍卖人认为需要对拍卖标的进行鉴定的,可以进行鉴定。

Article 43 Should an auctioneer deem it necessary to verify an auction target, he or she may do so.

Article 43. Should an auction house deem it necessary to verify an item, it may do so.

鉴定结论与委托拍卖合同载明的拍卖标的状况不相符的,拍卖人有权要求变更或者解除合同。

Should the verification conclusion contradict the conditions of an auction target stated in an auction contract, the auctioneer has the right to demand a change or rescind the contract.

Should the verification conclusion not correspond to the condition of an item stated by the seller, the auction house has the right to demand a change or rescind the contract.

第四十四条  委托拍卖合同应当载明以下事项:

Article 44 A contract on a trust auction shall contain the following:

Article 44. An auction contract shall contain the following:

(一)委托人、拍卖人的姓名或者名称、住所;

(1) The names of the trustee and the auctioneer and their residences;

(1) The names of the seller and the auction house and their addresses;

(二)拍卖标的的名称、规格、数量、质量;

(2) The name, specification, number and quality of an auction target;

(2) The name, specification, number and quality of the item(s) for auction;

(三)委托人提出的保留价;

(3) The retentive price set by the trustee;

(3) The reserve price set by the seller;

(四)拍卖的时间、地点;

(4) The time and site of the auction;

(4) The time and place of the auction;

(五)拍卖标的交付或者转移的时间、方式;

(5) The delivery of the auction target or the time and form of transferring such an target;

(5) The delivery of the item for auction or the time and method of transferring such item;

(六)佣金及其支付的方式、期限;

(6) The form and the time limit for paying commissions;

(6) The commission and the method and time limit for paying commission;

(七)价款的支付方式、期限;

 

(7) The method and time limit for paying the purchase price;

(八)违约责任;

(7) The liabilities of breaking the contract;

(8) The liabilities for breaking the contract;

(九)双方约定的其他事项。

(8) Other matters as agreed upon by both parties.

(9) Other matters as agreed upon by both parties.

第二节  拍卖公告与展示

Section Two The Auction Notice and Display

Section Two: Notice of Auction and Viewing

第四十五条  拍卖人应当于拍卖日七日前发布拍卖公告。

Article 45 An auctioneer shall release an auction notice seven days before the auction day.

Article 45. An auction house shall issue notice of auction seven days before the auction day.

第四十六条  拍卖公告应当载明下列事项:

Article 46 An auction notice shall define the following matters:

Article 46. An auction notice shall define the following matters:

(一)拍卖的时间、地点;

(1) The time and place of the auction;

(1) The time and place of the auction;

(二)拍卖标的;

(2) Auction targets;

(2) Items to be auctioned;

(三)拍卖标的展示时间、地点;

(3) The display time and place of auction targets;

(3) The time and place for viewing items;

(四)参与竞买应当办理的手续;

(4) The procedures that those participating in the bidding shall handle;

(4) The procedures to be followed by bidders;

(五)需要公告的其他事项。

(5) Other matters that need to be announced.

(5) Other matters that need to be announced.

第四十七条  拍卖公告应当通过报纸或者其他新闻媒介发布。

Article 47 An auction notice shall be issued via newspapers or other mass media.

Article 47. Notice of auction shall be given via newspapers or other news media.

第四十八条  拍卖人应当在拍卖前展示拍卖标的,并提供查看拍卖标的的条件及有关资料。

Article 48 An auctioneer shall display auction targets before an auction, and provide conditions necessary for inspecting auction targets, as well as relevant data.

Article 48. An auction house shall display items for auction before the auction, and provide conditions necessary for inspecting items, as well as relevant data.

拍卖标的的展示时间不得少于两日。

The display time of auction targets shall not be fewer than two days.

The viewing period shall not be less than two days.

第三节  拍卖的实施

Section Three The Implementation of Auctions

Section Three: Conduct of the Auction

第四十九条  拍卖师应当于拍卖前宣布拍卖规则和注意事项。

Article 49 An auctioneer shall announce auction rules and matters needing attention before an auction.

Article 49. The auctioneer shall announce auction rules and matters needing attention before an auction.

第五十条  拍卖标的无保留价的,拍卖师应当在拍卖前予以说明。

Article 50 Should an auction target have no retentive price, an auctioneer shall make this clear before an auction.

Article 50. Should an item for auction have no reserve price, the auctioneer shall state this before the sale.

拍卖标的有保留价的,竞买人的最高应价未达到保留价时,该应价不发生效力,拍卖师应当停止拍卖标的的拍卖。

Should an auction target have the retentive price, while the highest bidding price for the auction target fails to reach the retentive price, the price shall not become valid and the auctioneer shall stop auctioning the auction target.

Should an item have a reserve price, if the highest bid fails to meet the reserve price, the highest bid shall not be valid and the auctioneer shall stop auctioning the item.

第五十一条  竞买人的最高应价经拍卖师落槌或者以其他公开表示买定的方式确认后,拍卖成交。

Article 51 The highest bidding price of a bidder shall indicate the conclusion of the auction after being confirmed by the auctioneer dropping the hammer or by other open forms indicating the completion of a deal.

Article 51. The auctioneer shall indicate the highest bid and conclude the sale by dropping his hammer or by another clear method.

第五十二条  拍卖成交后,买受人和拍卖人应当签署成交确认书。

Article 52 After an auction is completed, the buyer and auctioneer shall sign a deal conclusion letter.

Article 52. After an auction is completed, the buyer and auction house shall sign a deal conclusion letter.

第五十三条  拍卖人进行拍卖时,应当制作拍卖笔录。

Article 53 While proceeding with an auction, an auctioneer shall make a written auction record.

Article 53. During the auction, an auction house shall make a written auction record.

拍卖笔录应当由拍卖师、记录人签名;

The written auction record shall be signed by the auctioneer and the recorder;

The written auction record shall be signed by the auctioneer and the recorder.

拍卖成交的,还应当由买受人签名。

in the case of the conclusion of an auction, the record shall also be signed by the buyer.

At the conclusion of an auction, the record shall also be signed by the buyer.

第五十四条  拍卖人应当妥善保管有关业务经营活动的完整帐簿、拍卖笔录和其他有关资料。

Article 54 A buyer shall properly keep complete account books related to his or her business and operational activities, the written auction record and other relevant data.

Article 54. An auction house shall keep complete account books related to its business and operations, written auction records, and other relevant data.

前款规定的帐簿、拍卖笔录和其他有关资料的保管期限,自委托拍卖合同终止之日起计算,不得少于五年。

The duration prescribed in the above paragraph for keeping account books, the written auction record and other relevant data shall begin to be computed from the date when the trust auction contract is terminated and shall not be fewer than five years.

Account books, written auction records and other relevant data shall be kept for at least five years from the date when the auction contract is completed.

第五十五条  拍卖标的需要依法办理证照变更、产权过户手续的,委托人、买受人应当持拍卖人出具的成交证明和有关材料,向有关行政管理机关办理手续。

Article 55 Should an auction target need to handle, according to law, the procedures of change in the certificate and the transfer of property rights, the trustee and buyer shall handle necessary procedures with the relevant administrative department, on the strength of the auction completion certificate and relevant materials produced by the auctioneer.

Article 55. The seller and buyer shall handle the necessary procedures with the relevant administrative department to change the certification and transfer property rights, using the auction completion certificate and relevant materials produced by the auction house.

第四节  佣  金

Section Four Commission

Section Four: Commission

第五十六条  委托人、买受人可以与拍卖人约定佣金的比例。

Article 56 A trustee and a buyer may jointly set the commission ratio together with an auctioneer.

Article 56. A seller and a buyer may agree the commission rate with the auction house.

委托人、买受人与拍卖人对佣金比例未作约定,拍卖成交的,拍卖人可以向委托人、买受人各收取不超过拍卖成交价百分之五的佣金。

If the trustee, the buyer and the auctioneer have not set the commission ratio, while the auction is completed, the auctioneer may collect commissions not in excess of five percent of the auction completion price from the trustee and buyer, respectively.

If the seller, the buyer and the auction house have not set a commission rate prior to completion of an auction, the auction house may collect commissions not in excess of five percent of the sale price from each of the seller and buyer.

收取佣金的比例按照同拍卖成交价成反比的原则确定。

The ratio of commissions to be collected shall be set in accordance with the principle of making an inverse ratio to the auction completion price.

The commission rate shall be set in accordance with the principle of the commission scale making an inverse ratio to the sale price.

拍卖未成交的,拍卖人可以向委托人收取约定的费用;

In the absence of the completion of an auction, an auctioneer may collect charges as agreed upon from the trustee;

If an item is unsold, an auction house may collect charges as agreed upon from the seller;

未作约定的,可以向委托人收取为拍卖支出的合理费用。

and in the absence of any agreement, the auctioneer may collect from the trustee rational charges as auction expenses.

and in the absence of any prior agreement, the auction house may collect reasonable charges from the seller to cover auction expenses.

第五十七条  拍卖本法第九条规定的物品成交的,拍卖人可以向买受人收取不超过拍卖成交价百分之五的佣金。

Article 57 If the auction of articles as stipulated in Article 9 of this Law is completed, the auctioneer may collect from the buyer commissions not exceeding five percent of the auction completion price.

Article 57. With respect to the sale of items as referred to in Article 9 of this Law, the auction house may collect from the buyer commission not exceeding five percent of the sale price.

收取佣金的比例按照同拍卖成交价成反比的原则确定。

The ratio of commissions to be collected shall be set in accordance with the principle of making an inverse ratio to the auction completion price.

The commission rate shall be set in accordance with the principle of the commission scale making an inverse ratio to the sale price.

拍卖未成交的,适用本法第五十六条第三款的规定。

In the absence of the completion of an auction, the stipulation of Section 3 of Article 56 of this Law shall apply.

In the absence of a sale, the stipulation of Section 3 of Article 56 of this Law shall apply.

第五章  法律责任

Chapter V Legal Liabilities

Chapter V Legal Liabilities

第五十八条  委托人违反本法第六条的规定,委托拍卖其没有所有权或者依法不得处分的物品或者财产权利的,应当依法承担责任。

Article 58 Should a trustee violate the stipulation of Article 6 of this law by trusting the auction of articles or property rights of which he or she does not have the ownership or of which he or she may not dispose according to law, he or she shall bear liabilities arising thereafter according to law.

Article 58. Should a seller violate the stipulation of Article 6 of this law by consigning for auction items or property rights which he or she does not own or which he or she may not dispose according to the law, he or she shall bear liabilities arising thereafter according to the law.

拍卖人明知委托人对拍卖的物品或者财产权利没有所有权或者依法不得处分的,应当承担连带责任。

Should an auctioneer clearly know that a trustee has no ownership of the articles or property rights for auction or that the trustee may not dispose such articles or property rights according to law, he or she shall bear implicative liabilities.

Should an auction house clearly know that a seller does not own an item or property right consigned for auction or that the seller may not legally dispose of such items or property rights, he or she shall bear joint liability.

第五十九条  国家机关违反本法第九条的规定,将应当委托财产所在地的省、自治区、直辖市的人民政府或者设区的市的人民政府指定的拍卖人拍卖的物品擅自处理的,对负有直接责任的主管人员和其他直接责任人员依法给予行政处分,给国家造成损失的,还应当承担赔偿责任。

Article 59 Should a state department violate the stipulation of Article 9 of this Law by disposing illicitly of articles that should be auctioned by an auctioneer designated by the people's government of a province, an autonomous region or a municipality directly under the central government of by the people's government of a city with districts where property lies, relevant presonnel in charge who are held directly responsible and other personnel who are also held directly responsible shall be meted out administrative punishment according to law, and those who have caused losses to the state shall also bear the liability of compensation.

Article 59. Should an organ of state violate the stipulation of Article 9 of this Law by disposing illicitly of articles that should be auctioned by an auction house designated by the government of a province, an autonomous region or a municipality directly under the central government, or by the government of a city with districts where the property lies, relevant personnel in charge who are held directly responsible and other personnel who are also held directly responsible shall receive administrative punishment according to law, and those who have caused losses to the state shall also bear the liability of compensation.

第六十条  违反本法第十一条的规定,未经许可登记设立拍卖企业的,由工商行政管理部门予以取缔,没收违法所得,并可以处违法所得一倍以上五倍以下的罚款。

Article 60 Whoever violates the stipulation of Article 11 of this Law by establishing an auction enterprise without approval or registration shall have his or her enterprise banned and his or her illegal incomes confiscated by the administrative department for industry and commerce, and may be given a fine that ranges from 100 percent to 500 percent of his or her illegal earnings.

Article 60. Whoever violates the stipulation of Article 11 of this Law by establishing an auction enterprise without approval or registration shall have his or her enterprise banned and his or her illegal income confiscated by the administrative department for industry and commerce, and may be given a fine that ranges from 100 percent to 500 percent of his or her illegal earnings.

第六十一条  拍卖人、委托人违反本法第十八条第二款、第二十七条的规定,未说明拍卖标的的瑕疵,给买受人造成损害的,买受人有权向拍卖人要求赔偿;

Article 61 Should an auctioneer and a trustee violate the stipulation of the second paragraph of Article 18 and Article 27 of this Law by failing to state the drawbacks of an auction target, thus causing a loss to a buyer, the buyer has the right to demand compensation from the auctioneer;

Article 61. Should an auctioneer or a seller violate the stipulation of the second paragraph of Article 18 and Article 27 of this Law by failing to state the defects of item in auction, thus causing loss to a buyer, the buyer has the right to demand compensation from the auction house;

属于委托人责任的,拍卖人有权向委托人追偿。

Should the responsibility rest with the trustee, the auctioneer has the right to demand compensation from the trustee.

should the responsibility rest with the seller, the auction house has the right to demand compensation from the seller.

拍卖人、委托人在拍卖前声明不能保证拍卖标的的真伪或者品质的,不承担瑕疵担保责任。

Should an auctioneer and a trustee state before an auction that they cannot guarantee the genuineness or fakery or the quality of an auction target, they shall not bear the liability for guaranteeing the drawbacks.

Should an auction house and a seller state before an auction that they cannot guarantee the quality of an item in auction or that it is genuine, they shall not bear liability for defects.

因拍卖标的存在瑕疵未声明的,请求赔偿的诉讼时效期间为一年,自当事人知道或者应当知道权利受到损害之日起计算。

If no statement is made on the fact that an auction target has drawbacks, the procedural duration for demanding compensation shall be one year and shall begin to be computed from the date when the party concerned knows or should know that his or her right is damaged.

If no statement is made that an item in auction has defects, the buyer may demand compensation within one year from the date when the party concerned knows or should have known that his or her rights have been damaged.

因拍卖标的存在缺陷造成人身、财产损害请求赔偿的诉讼时效期间,适用《中华人民共和国产品质量法》和其他法律的有关规定。

The procedural duration for demanding compensation for personal and property damages caused by the drawbacks of an auction target is subject to the relevant stipulations of the " Product Quality Law of the People's Republic of China" and other laws.

The period for demanding compensation for personal and property damage caused by the defects of an item purchased at auction is subject to the relevant stipulations of the "Product Quality Law of the People's Republic of China" and other laws.

第六十二条  拍卖人及其工作人员违反本法第二十二条的规定,参与竞买或者委托他人代为竞买的,由工商行政管理部门对拍卖人给予警告,可以处拍卖佣金一倍以上五倍以下的罚款;情节严重的,吊销营业执照。

Article 62 Should an auctioneer and other staff violate the stipulation of Article 22 of this Law by participating in bidding or trusting others to participating in bidding for them, the administrative department for industry and commerce shall give the auctioneer a warning and may impose on him or her a fine that ranges from 100 percent to 500 percent or his or her auction commissions; where cases are serious, his or her business license shall be revoked.

Article 62. Should an auction house or its staff violate the stipulation of Article 22 of this Law by bidding or asking others to bid for them, the administrative department for industry and commerce shall give the auction house a warning and may impose a fine that ranges from 100 percent to 500 percent or the auction commissions; in serious cases, the business license shall be revoked.

第六十三条  违反本法第二十三条的规定,拍卖人在自己组织的拍卖活动中拍卖自己的物品或者财产权利的,由工商行政管理部门没收拍卖所得。

Article 63 Should an auctioneer violate the stipulation of Article 23 of this Law by auctioning his or her articles and property rights in the auction activity organized by himself or herself, the administrative department for industry and commerce shall confiscate his or her earnings from the auction.

Article 63. Should an auction house violate the stipulation of Article 23 of this Law by auctioning its own items or property rights, the administrative department for industry and commerce shall confiscate its earnings from the auction.

第六十四条  违反本法第三十条的规定,委托人参与竞买或者委托他人代为竞买的,工商行政管理部门可以对委托人处拍卖成交价百分之三十以下的罚款。

Article 64 Should a trustee violate the stipulation of Article 30 of this Law by participating in the bidding or trusting others to participating in the bidding for him or her, the administrative department for industry and commerce may impose on the trustee a fine that is up to 30 percent of his or her auction completion price.

Article 64. Should a seller violate the stipulation of Article 30 of this Law by bidding or asking others to bid for him or her, the administrative department for industry and commerce may impose on the seller a fine that is up to 30 percent of the sale price.

第六十五条  违反本法第三十七条的规定,竞买人之间、竞买人与拍卖人之间恶意串通,给他人造成损害的,拍卖无效,应当依法承担赔偿责任。由工商行政管理部门对参与恶意串通的竞买人处最高应价百分之十以上百分之三十以下的罚款;对参与恶意串通的拍卖人处最高应价百分之十以上百分之五十以下的罚款。

Article 65 By violating the stipulation of Article 37 of this Law, if bidders viciously collaborate with other bidders or if bidders do so with auctioneers, thus causing losses to others, the auction shall become null and void and they shall bear the liability of compensation according to law. The administrative department for industry and commerce shall impose on the bidders participating in vicious collaboration a fine that is 10 percent to 30 percent of the highest bidding price; and impose on the auctioneers participating in vicious collaboration a fine that 10 percent to 50 percent of the highest bidding price.

Article 65. If, in violation of Article 37 of this Law, bidders collaborate with other bidders or with auctioneers, causing loss to others, the auction shall become null and void and they shall bear the liability of compensation according to law. The administrative department for industry and commerce shall impose on the bidders participating in such collaboration a fine that is 10 percent to 30 percent of the highest bidding price; and impose on the auctioneers participating in such collaboration a fine that 10 percent to 50 percent of the highest bidding price.

第六十六条  违反本法第四章第四节关于佣金比例的规定收取佣金的,拍卖人应当将超收部分返还委托人、买受人。

Article 66 By accepting commissions in violation of the stipulation of Section Four of Chapter Four of this Law concerning the ratio of commissions, an auctioneer shall return that part in excess of the reasonable amount to the trustee and the buyer.

Article 66. By accepting commissions in violation of the stipulation of Section Four of Chapter Four of this Law concerning the rate of commission, an auction house shall return that part in excess of the reasonable amount to the seller and the buyer.

物价管理部门可以对拍卖人处拍卖佣金一倍以上五倍以下的罚款。

The price control department may impose on the auctioneer a fine that is 100 percent to 500 percent of the commissions.

The price control department may impose on the auctioneer a fine that is 100 percent to 500 percent of the commissions.

第六章  附  则

Chapter Six Supplementary Articles

Chapter VI   Supplementary Articles

第六十七条  外国人、外国企业和组织在中华人民共和国境内委托拍卖或者参加竞买的,适用本法。

Article 67 This Law is applicable to foreigners, foreign enterprises and foreign organizations trusting auctions or participating in bidding within the territory of the People's Republic of China.

Article 67. This Law is applicable to foreigners, foreign enterprises and foreign organisations selling or bidding at auction within the territory of the People's Republic of China.

第六十八条  本法施行前设立的拍卖企业,不具备本法规定的条件的,应当在规定的期限内达到本法规定的条件;

Article 68 Should auction enterprises established before the implementation of this Law do not meet the requirements as prescribed in this Law, shall meet the requirements as stipulated in this Law within the prescribed time limit;

Article 68. Should an auction enterprise established before the implementation of this Law not meet the requirements as prescribed in this Law, it shall meet the requirements as stipulated in this Law within the prescribed time limit;

逾期未达到本法规定的条件的,由工商行政管理部门注销登记,收缴营业执照。具体实施办法由国务院另行规定。

those still failing to meet the prescribed requirements after the time limit shall have their registrations revoked and their business licenses taken back by the administrative department for industry and commerce. Specific implementation measures shall be formulated by the State Council separately.

those still failing to meet the prescribed requirements after the time limit shall have their registrations revoked and their business licenses taken back by the administrative department for industry and commerce. Specific implementation measures shall be formulated by the State Council separately.

第六十九条  本法自1997年1月1日起施行。

Article 69 This Law shall come into force from January 1, 1997.

Article 69. This Law shall come into force from January 1, 1997.




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