目前,有不少同志对拍的卖的认识仅停留在程序上的“一锤子买卖”,真正从实体法上研究拍卖的并不多见.鉴于此,本文运用民法的基本理论,结合拍卖实践,对拍卖法律关系进行一次探析,以期有更多的同志关注和研究拍卖业中存在的法律问题.一、拍卖法律关系的性质拍卖是市场经济交往中经常运用的特殊买卖方式,由于拍卖这种特殊买卖方式具有机会均等、公平竞争,价格合理、透明度高和法律约束力显著等特点,因而它对社会商品交换和财产流转起着重要的促进作用.实践中,拍卖的种类很多,本文着重分析根据拍卖产生依据的不同而划分的强制拍卖和任意拍卖.强制拍卖是指特定的国家机关(如法院)依照强制执行的法律规定,将已查封、扣押、没收的标的物公开进行的拍卖,其目的在于清偿债务或制裁当事人.任意拍卖是指, At present, there are quite a few comrades who know how to sell the auction only in the process of “one-hammer sale”, and it is rare to study the auction from the substantive law.In view of this, this article uses the basic theory of civil law and the auction practice , To conduct an analysis of the legal relationship of the auction, with a view to more comrades concerned about and studying the legal issues existing in the auction industry.One, the nature of the legal relationship of the auction Auction is a special trading method often used in market economy exchanges, due to the auction Because of its characteristics such as equal opportunity, fair competition, reasonable price, high transparency and significant legality binding, the special way of buying and selling plays an important role in promoting the exchange of social goods and the circulation of property.In practice, there are many types of auctions, Forced auctions and arbitrary auctions are divided according to the basis of the auction.Forced auctions refer to the auction conducted by a specific state organ (such as a court) on the subject of sequestration, seizure and confiscation in accordance with the law of enforcement, which The purpose is to pay off the debt or sanction parties .Any auction refers to,