| Group-buying network with its openness, low-cost inherent advantage, is rising rapidly at home and abroad. because of its consumption with online consumer e-commerce and the consumption of the entity double properties, so it is a kind of virtual economy and real economy combination of the two. It provides a convenient cover the basic necessities of a full range of modern services for consumers and many solicit business opportunities for businesses to earn a lot of commercial profits, so it become widespread in the network shopping mode at current. as a new thing team, Group-buying Network is gradually exposing the many shortcomings and problems for the network economy related legislation protect-lagging behind the reality in the operation of the unperfect market mechanism. How to regulate and resolve the disputes of layers of group net group is a quite problem in academic and judicial thorny at present.This paper will be divided into three parts, the first part of this paper begins with a brief overview of the business model of group-buying network and the difference between traditional shopping online, then based on the different infringement body in group-buying network,disputes of the consumption of the cloud of existing fraud and nets team between operator of unfair competition was discussed in this paper.The second part, combining the China Buying Online industry, consumer fraud and unfair competition detailed in-depth analysis of some judicial challenges facing our legal system in resolving network group disputes from three aspects. First of all, integrate all kinds of academic theories and discussed the disputes about group-buying websites’s position differences and undefined the main responsibility. Second, it analyzes the Court’s legal ills of using traditional jurisdiction determine principle to define the network group disputes. Then, from the perspective of competition law for the behavior that the current site has introduced the "spike","free lottery", lottery sales, pointing out that our existing competition law of the type is qualitative unknown and Insufficient regulation.The third part, from the perspective of network group buying operation special, throughout our current objective e-commerce environment and China’s current legal system, in front of the theory of the legal barriers, in foreign related experience foundation, suit the remedy to the case, and puts forward some solutions to the legal advice group nets disputes. |
