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Research On The Legal Status Of The Group Purchase Website

Posted on:2014-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:W JiangFull Text:PDF
GTID:2256330422457465Subject:Law
Abstract/Summary:PDF Full Text Request
Network group purchase is a new mode of electronic commerce, it is differentfrom the traditional transactions, also different from general B2C mode of commonpatterns for e-business. The difference reflected in the process of network grouppurchase, this process involves the tripartite subject, group-buying websites, businessesand consumers. The legal relationships between the three in comparison withtraditional trading is more complicated. Network group purchase its own characteristicsand transaction mode is extremely easy to cause some special legal issues, such as theobscure legal relations of trading subjects, the obscure of responsibility, format contractinfringement, contract content is not complete,and the legal risks of after-sales rightsin network group purchase. Complex legal relations resulting in group-buying websitesand businesses shirking responsibility, legal disputes are increasing, the right ofconsumers cannot be guaranteed, infringement and fraud of network group purchaseemerge in endlessly. These problems not only infringe upon the rights of consumers,but also directly affect the sustainable development of the network group purchaseindustry.For solving the network group buying industry chaos and consumer rightsprotection difficult problems, first of all, we should research network group buyingsubject of legal relationships. And the clear the subject of the obligation andresponsibility in the network group buying. However, at present our country of networkgroup purchase industry laws and regulations are less; On the legal status of networkgroup purchase without a unified conclusion, scholars have many opinions, they do notagree with each other. In this paper, we viewed the third party internet platform ofnetwork group buying as the research object, studied the group on-business-consumersof legal relationship, think our country network group buying is divided into threekinds of legal relationship, according to the different network group buying operationmode, respectively show of indirect agency contract relationship, the brokeragecontract relationship and general business contract relationship. After clarify the legalrelationship between network group buying subject, under the current legal system, oneby one discusses different legal status of group-buying websites shall bear the legalobligation and legal liability. On this basis, from the legal and institutional level, in view of problems existing in the current network group buying, the author put forwardthe countermeasures, for the protection of the rights of consumers and the healthydevelopment of the network group buying industry.
Keywords/Search Tags:network group purchase, consumer rights protection, legal relationship, legal obligations, legal responsibility
PDF Full Text Request
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