Research On Legal Problems Network Buy Contracts

With the continuous development of science and technology, e-commerce isbecoming more and more popular. Since the first group buying website hasestablished, China has more than4,000group buying websites till now, and thenumber is increasing every day. These group buying websites contain various fieldsand types, from service industry to physical industry, but its price is just one to fourdiscounts of the market price. Accordingly, it attracted numerous consumers. Thereare142million Internet users participate in group buying through the website, andthis number ranks the first in the world.However, with the rapid development of grouping buying through network,customer complaints commonly occurred, while the complaining refers to fraud, poorservice and so on. On March15th of2011, Beijing Industrial and Commercial Bureaureleased10complaint hotspots, and group buying through network for the first on thelist, and its complaints became a hard hit. Its tort includes from products to after-saleservice, from group buying fraud to merchants escaping with money, etc.Consequently, the voice of protecting consumer rights is growing louder. Owing tolaws and regulations stipulated group buying through network are inadequate,phenomenon of torts and breaching contracts occurred commonly, and it is difficult toprotect consumer’s legal interests.In the legal fields of group buying contracts, much theoretical research is still blank, and the current domestic research of network consumers’ protection by expertsand legal scholars is still preliminary and limited, and legal analysis of network groupbuying contracts and its related rights and obligations is of great significance toprotect consumers of buying online.This paper firstly describes the definition of group buying through network, andthen defines the main subjects of group buying contract, classifies the group buyingthrough network, summarizes the main problems of it through the method of fieldinvestigation and questionnaire, and analyzes the reasons of group buying throughnetwork contracts disputes deeply. As a result, the paper comes to the fundamentalreasons: the nature of network group purchase contract definition and the rights andobligations of subjects are not clear, and this easily causes the phenomenon of mutualshuffle between group buying websites and merchants. Therefore, we should focus onthe legal nature of network group buying contracts, and sort out the legal relationshipof network group buying. Comparably analysis, we can draw a network grouppurchase as a new kind of nameless contract. Finally, I would clear rights andobligations of network group buying contracts subjects, and also its liability forbreach of contracts, in order to find the ways of legal remedies to consumers and tofill theoretical study of network group buying contracts research vacancies.