The Legal Regulating Of The Network Group Buying

On-line group-buying has witnessed such rapid growth since2010that we hadgreat confidence in the boom of Chinese E-commerce. However, with thespread of European debt crisis, the withdraw of venture capital as well as theinternet users’ gradual rationality regarding consumption, online group-buyinghas been developing like a roller coaster since the first half of year2011. SinceOctober, a wave of bankruptcy, redundancy and complaint has given a heavyblow to online group-buying. Online group-buying, in essence, is a very goodselling mode and is worthy of our promotion and development for it managesto realize cheap promotion with the help of internet and the fast sales ofcommodity or service by gathering potential buyers quickly. Nevertheless, anumber of problems still exist in the development of domestic onlinegroup-buying, especially in the development mode, the operating mode, thelaw orientation as well as the law real application of online group-buying. Allthese problems severely affect the growth of online group-buying. And amajority of group-buying websites are confronted with the bottlenecks indevelopment. Therefore, it’s a priority and also a difficult issue for the websiteoperators and the supervision and management department to standardizeand assist in its healthy development.At present, literature on domestic research on online group-buying websites isquite limited, neither operators nor scholars grasp the operating essence ofwebsites of this type, resulting in the closing of thousands of above websitesafter a rush for risk investment. Moreover, the absence of the supervision andmanagement system has a negative impact upon its healthy growth. Underthis circumstance, it is essential to sum up and analyze the key problemsmentioned above from the perspective of law for better understanding of theessence of online group-buying development.Firstly, this article summarizes the development of our country’s onlinegroup-buying in recent years. By listing several cases of group-buyingconsumption via group-buying websites, it uncovers the problems ofgroup-buying websites existing in online group-buying and then analyzes thecurrent legal environment of online group-buying in our country. Secondly, the article makes an analysis of a number of key problems ingroup-buying. It focuses on analyzing the concept of group-buying websitesand group-buying contract, thus defining the concept’s nature and analyzingits internal legal attribute. Through the above-mentioned analysis from theperspective of law, it will theoretically remove the current misunderstanding ofabove-mentioned concepts by social communities.Finally, based on analysis of the above concepts, the article puts forwardmeasures to standardize and promote the development of online group-buying.After discussion, the article points out that we shall create a safe, orderly andsustainable legal environment to standardize group-buying websites, and shallrationalize the rights and obligations among the three parts involved ingroup-buying to standardize group-buying contract. It makes its owncontribution to standardizing the development of online group-buying fromthe perspectives of access to main markets, credit system certification, privacyprotection and prepaid fund management.