瑕疵问题是当前拍卖实务中一个很重要的问题,也是引起拍卖纠纷的主要原因之一。为了防患于未然,拍卖公司纷纷把“不保证条款”写进拍卖前制定的《拍卖规则》之中。并引《拍卖法》61条为法律依据。但奇怪的是,纵然有“约定”条款和法定依据这两块挡箭牌,一旦发生纠纷,拍卖公司往往惨遭败北。例如,2000年6月某 Flaw problem is a very important issue in the current auction practice, which is also one of the main causes of auction disputes. In order to take preventive measures, auction companies have put “no warrant ” into the “auction rules” set before the auction. And cited the “Auction Law” 61 as the legal basis. But the strange thing is that, even if there are disputes between the “contract” clause and the legal basis of these two shields, the auction companies often suffer badly. For example, June 2000 somewhere