Disputes over Forgeries in EU Art Trade and Implications for China
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While the art trade is developing rapidly, the problem of forgeries has existed for centuries. The same is true for the Chinese art market. However, unlike the EU member countries whose art market is developed, the legal research and dispute handling methods of forgeries are still a relatively new field in China. Therefore, the purpose of this paper is to explore ways to improve the art market, thereby promoting the sustainable and healthy development of the Chinese art market. This paper analyzes the legal provisions and government policy provisions of EU countries on forgeries and examples of disputes related to forgeries which lead to some problems of Chinese art trade, such as lacking of clear penalties on the auction of forgeries in China's current Auction Law, scattered identification agencies and Chinese art auction industry’s lacking of high self-discipline and autonomous management capabilities. But at the same time, this paper also puts forward some suggestions for the sustainable and healthy development of the Chinese art market, such as amending the relevant provisions of the Auction Law, establishing a perfect art identification mechanism and learning from the United Kingdom Auction Industry Association and developing autonomous norms that conform to the Chinese art trade market, etc. Based on the above disputes and problems, this paper points out that although the problem of forgeries in Chinese art market is serious at this stage, it is possible to curb the emergence of forgeries in the art market by learning from the relatively mature legal policies of the EU countries, so as to achieve a better construction of Chinese art market, and promote the sustainable and healthy development of the Chinese art market.
Abstract
While the art trade is developing rapidly, the problem of forgeries has existed for centuries. The same is true for the Chinese art market. However, unlike the EU member countries whose art market is developed, the legal research and dispute handling methods of forgeries are still a relatively new field in China. Therefore, the purpose of this paper is to explore ways to improve the art market, thereby promoting the sustainable and healthy development of the Chinese art market. This paper analyzes the legal provisions and government policy provisions of EU countries on forgeries and examples of disputes related to forgeries which lead to some problems of Chinese art trade, such as lacking of clear penalties on the auction of forgeries in China's current Auction Law, scattered identification agencies and Chinese art auction industry’s lacking of high self-discipline and autonomous management capabilities. But at the same time, this paper also puts forward some suggestions for the sustainable and healthy development of the Chinese art market, such as amending the relevant provisions of the Auction Law, establishing a perfect art identification mechanism and learning from the United Kingdom Auction Industry Association and developing autonomous norms that conform to the Chinese art trade market, etc. Based on the above disputes and problems, this paper points out that although the problem of forgeries in Chinese art market is serious at this stage, it is possible to curb the emergence of forgeries in the art market by learning from the relatively mature legal policies of the EU countries, so as to achieve a better construction of Chinese art market, and promote the sustainable and healthy development of the Chinese art market.
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