在拍卖实践中我们面临的难题是:即使人民法院与拍卖行之间签订了拍卖委托合同,但出现拍卖纠纷时,拍卖行不能起诉法院,法院不可能成为拍卖纠纷诉讼中的当事人一方,虽然人民法院给拍卖行出具了协助执行函,但是出现拍卖纠纷时,买受人仍将拍卖人作为被告起诉。这是我们目前在拍卖实践中面临的两难问题。核心是,目前所有法律都没有明确人民法院和拍卖公司在民事强制执行拍卖委托中的法律地位。 The difficult problem we face in auction practice is that even though the auction commission contract is concluded between the people’s court and the auction house, when the auction dispute occurs, the auction house can not sue the court and the court can not become the party involved in the auction dispute. Although the people The court issued an assistance letter to the auctioneer, but in the event of an auction dispute, the buyer still prosecutes the auctioneer as the defendant. This is the dilemma we now face in the auction practice. The crux of the matter is that at present, all the laws do not clarify the legal status of the people’s court and the auction company in the civil enforcement of auction commission.