公共资源拍卖的法律规制

Legal Regulation over Auctions of Public Resources

拍卖是我国地方政府配置公共资源的常用手段,涉及多方利益的冲突与平衡。公共资源拍卖属于特许行政许可的范畴,通过行政许可进行配置的公共资源需以"有限"为前提,即属于需求紧缺的公共资源。公共资源拍卖必须严格遵守拍卖法定原则,哪些资源可以拍卖、由谁拍卖、怎样拍卖,须由法律明确规定。公共资源的拍卖范围可作出禁止拍卖类、鼓励拍卖类与允许拍卖类的具体划分。基于消费者福利免遭实质性损害的考虑,政府可以对公共资源的拍卖价格进行干预,同时,公共资源拍卖收益的使用应当纳入法律监管范围。

Auction is a common means for local governments in China to allocate public resources, which is referred to interest conflict and balance. Auctions of public resources are classified as special administrative license; the public resources allocated by administrative li- cense need to be based on limit nature, that is to say scarce public resources. Auctions of public resources should strictly adhere to the principle of legally prescribed auction, namely resources which are available for auction, the organizations that take charge of auctions of public resources and how to auction should be clearly defined by the law. The scope of auc- tions of public resources falls into three categories, namely prohibited, encouraged and per- mitred. Based on the consideration that customer welfare should be prevented from suffering substantial damage, the governments can intervene in the auction prices of public resources; at the same time, the use of auctions proceeds of public resources should be incorporated into legal regulation.