A Research On Leagal Problem Concerning Taobeo Overseas Shopping Service

With the rapid development of on-line overseas shopping service business in China in recent years, it has become an issue regarding how to effectively protect the legal rights and interests of the two contracting parties, due to the imperfection and inefficiency of the relevant laws and regulations of our country. By studying several relevant legal issues in the on-line shopping service business on Taobao, the thesis strives to provide a legal solution to maintain the security and fairness of on-line transactions so as to lay a solid foundation for the establishment of sound legal system.The thesis consists of four chapters. Chapter One starts with the statements that there are two kind of shopping service business on Taobao, spot-commodity business and out-of-stock business, and that the contract of spot-commodity business is a buy-sell agreement, while the contract of out-of-stock business is a shopping service agreement. In this chapter, the author also discusses the time and the place which shall be considered as when and where contracts are formed and come into effect in on-line shopping service business on Taobao. It is put forward that in spot-commodity business, the seller is making an offer when he releases the information of products on Taobao, and that in out-of-stock business, the seller is making an invitation when he release the information of products on Taobao. It is also proposed that the time when the contracting parties reach an agreement through network communication tools shall be considered as the time of concluding the contract, and that the time when the buyer accepts the buy-it-now price and buys the product by clicking "Buy It Now" shall be considered as the time when the contract comes into effect. It is stated that offers and acceptances shall be revocable in on-line shopping service business, except when otherwise indicated, and that the contracting parties'location or habitual residence address shall be considered as the place where the contract is formed and comes into effect.The second chapter introduces the implementation process of "Taobao" overseas Shopping Service, as well as the trading rights and obligations of both parties and the period of the contract performance; it holds it is legal and practical that "Taobao" trading system setting up by default the delivery obligation be performed by seller within seven days after the contract is formed.The third chapter analyzed the legal status of buyers and sellers of "Taobao" overseas Shopping Service business. As the "buyer" is personal and shopping for living in general, so it belongs to the consumer. "Sellers" Although they are personal, but with certain advantages of capital,and information superiority, should be recognized as the operator. Then we can apply to protect the legitimate rights and interests of consumers. Then, with the "broker" and "rental counter market" analogy, we analyzed the legal status of "Taobao", and by practice and learning from experiences of international legislation, determined the responsibility for "Taobao" in the Shopping Service. We should not ask "Taobao" to verify the authenticity of goods information released on it or to monitor the eligibility of goods in the Shopping Service, but "Taobao" should have strict identity authentication on users who provide purchasing services and examine the authenticity of the other required information. In addition, "Taobao", as a trading platform, for provision of poor services which lead to losses, should also be held accountable. Chapter four is entitled "Taobao" remedy system of the dispute in overseas Shopping Service. When consumers and operators are in the event of disputes, the remedies are mainly reconciliation, lawsuit and "Taobao" self-remedy. "Taobao" self-remedy system mainly relies on "alipay" to avoid breach;"Taobao community" is an important force in settling disputes; credit evaluation system is the external pressure to end the dispute. As China currently lack uniform standards for consumption credit evaluation, "Taobao"'s self-remedy system can not only detect and reduce fraud, and encourage honest transactions effectively, but also set a good example for related legislation in the future.