Many cases of archive auction were reported by the media last year. According to Article 16, Section 2 of Archives Law of the People’s Republic of China, the archives owned by the individuals, which were valuable for the nation and the society, and if these archives were sold to the organizations or individuals except for state-owned archives, it was necessary to make an application in archival administrative department and obtain the license. However, these auctions didn’t perform this legal obligation. What are the reasons? In the author’s opinion, the problem was the law content itself. And the content expressed the all-round socialist system and legal paternalism. For this reason, this section should be revised.