The difference between online auction and traditional auction

The transaction of online auction itself is very different from the provisions of the Auction Law. According to the specific provisions of the auction law, online auction transactions and traditional auction transactions can have the following differences:

1, auction target

(1) The ownership of the auction target is different: in the traditional auction, the auction target is the subject matter that the client disposes of according to law. According to Article 23 of the Auction Law, an auctioneer may not auction his own subject matter or property rights in the auction activities organized by himself; In online auction, the auction items are generally owned by the "client" (that is, the seller).

(2) The scope of the auction target is different: in traditional auctions, the lot can be both valuable and low-value items, which can be tangible assets, intangible assets and property rights; Online auctions have a limited range of items, from toys to cars. Although there are many kinds, it is difficult to operate when it comes to intangible assets and real estate.

2, the auction subject

In the traditional auction, the auction subject refers to the enterprise legal person engaged in auction activities established in accordance with the auction law and the company law. The establishment of an auction enterprise must meet the conditions stipulated in the auction law. Auction activities should be presided over by auctioneers, and there are strict regulations on the qualifications of auctioneers; In online auction, "auctioneer" and "client" are both sellers, and "auctioneer" is replaced by the trading program of network technology platform.

3. Auction procedures

In traditional auction, auction entrustment, auction announcement and display must follow strict procedures and regulations. The auctioneer not only has the obligation but also has the right to examine the identity of the client and the auction target; In the online auction, there is no entrustment, announcement and display in the traditional auction sense, and all the transaction processes are carried out according to the pre-designed procedures of the technical platform. Due to the particularity of the online trading environment and the seller's position in the transaction, the provider of the technology platform cannot accurately examine the identity of the seller and the authenticity of the goods.

4. Legal liability

In the traditional auction, the auction law is applicable to the whole auction process and disputes arising from the auction activities; In online auction, there are no clear applicable provisions on the legal responsibilities and commitments of both parties to the transaction, which has aroused social concern and discussion.

5. Other differences

There are some differences between traditional auction and online auction: transaction type, space for participating in transaction activities, ending mode of transaction activities, activity cost and intermediary services.