| Online shopping platform, the emergence of this new transaction model has greatly changed theway of people’s transactions and trading habits. At the same time, it produces tremendous challenges tothe traditional laws in all respects. Under C2C transaction model, there are varieties of goods thatcoming from all over the world, which can be freely traded through the trading platform. And it iswell-received by customers who value superior quality, helpful service, and competitive prices. Abovethat, people can buy any product as they like just staying at home. High-speed network makesgeographical distance insignificant. Sellers can sell goods to customers outside traditional markets,explore new markets and realize business opportunities much easier.Though this new thing has brought convenience, difficulties also appear in the legal supervision.At present, China’s existing laws on online trading platform lack effective regulation, just like we usethe highway without highway traffic regulation. Based on the above considerations, the author choosesthis as a title to analyze the legal relationship of the third-party platform under online trading mode anddetermine the legal status of the platform providers in transactions to solve consumer protection,operator protection, third-party logistics and distribution protection and other issues which arising fromthe third-party trading platform. Perfect the system in China by referring to other countries’ legislativepractice and considering our national conditions.This paper is divided into five parts.The first chapter discusses the significance of online shopping platform for research, researchideas and research methods at the background of network economy.Chapter Ⅱ describes the developing status and the basic theoretical issues of C2C online shoppingplatform, explains the concept of C2C online shopping platform, the types of platform, and the partyassociated with online shopping platform, introduces the current China’s major online shoppingplatform and the types of trading patterns, C2C, B2C,and B2B.Chapter Ⅲ is on the basis of chapter II to shows the legal relationship between the main partiesunder C2C platform through the use of the icon. And then there is an introduction to several theoriesabout the legal status of online shopping platform. There comes the analysis of the pros and cons ofthese various theories, comparing this new transaction pattern with intermediary, lease, or jointmentioned in traditional theory. On the basis of analyzing these theories, the paper concludes thatplatform has four properties such as co-factors derived platform, intermediate factors, rental factors and service factors and we can not simply locate the platform on a doctrine of the legal nature. At last, thepaper defines the legal status of the service provider of C2C online shopping platform under theperspective of legal responsibilities and obligationsChapter Ⅳ describes common issues related to validity and the relevant causes on the onlineshopping platform under C2C mode in our country. With the clue of online transaction flow, itelaborates such four issues as Platform users’ rights protection issues, misconduct regulation, electronicpayment, financial regulation, tax collection and administration. Through the analysis of currentlegislation on online shopping platform in our country, this chapter will point out deficiency oflegislation and focus on promoting the legislative progression on online shopping platform.Chapter Ⅴ elaborates discussions on how the main issues concerning C2C online shoppingplatform are regulated under relevant laws in our country. The first part is followed by discussing theproblem of how to choose the legislative policies of legal relationship. C2C online shopping platform isconsidered as the center of this kind of relationship. The discussion concludes that relevant legislativepolicies should base on our own legal framework, be completed gradually according to our country’sbasic conditions and stick to the principle of combination of autonomous regulation and legislativeregulation. The last one is talking about five of the most critical problems which need to be solvedimmediately. These problems are regulating the standard form contracts related to consumer protection,perfecting the online returning and replacement system and introducing "hesitation period" system toaddress disputes on quality of goods, rights protection, unfair competition, legal regulations relations,third-party Payment legal supervision, tax collection and administration. The author has made deepanalysis on the above issues, and put forward legislative proposals on the basis of foreign legislativeexperience. |
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