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拍卖法规定了拍卖国有资产应根据评估机构的评估结果确定拍卖保留价。国有资产的评估结果虽已过期,但拍卖成交价未明显低于成交时实际价值而损害国家利益,拍卖应合法有效。经拍卖成立的合同内容在拍卖前已向社会公告确定,相关意向受让方和竞买方据此作出是否参加拍卖以及如何出价的决定。竞买人经过竞价成交而成为买受人后,不得再变更合同,否则对其他竞买人有失公平。买受人拒签转让合同,拒付成交价款和佣金,构成违约。
Auction Law provides for the auction of state-owned assets should be based on the evaluation results of assessment agencies to determine the auction reserve price. Although the assessment results of state-owned assets have expired, the auction price of the auction is not significantly lower than the actual value of the transaction and thus undermining the interests of the state. The auction should be legally valid. The contents of the contract established by the auction were announced to the public prior to the auction, and the relevant intent was that the transferee and the bidder should make the decision on whether or not to participate in the auction and how to bid. After the bidder has become the buyer by bidding a deal, he may not change the contract, otherwise it is unfair to other bidders. The buyer refuses to sign the transfer contract, refuses to pay the transaction price and commission, constitutes a breach of contract.