| The first group-purchase website----Groupon was born in2009, as being introduced intoChina in2010, it rapidly developed into one of the rookie of the e-commerce industry withthe advantages of convenient, open, high efficiency, low cost and no time limit. A bulkthousand regiment war was put on in2011when China’s Internet group-purchase underwent adevelopment period of hyper-rapid expansion. However, because of problems like theimperfect market operational mechanism and the unsound legal regulation, a considerablenumber of Internet group-purchase disputes produced subsequently while it brought greatconvenience to the consumer. To a certain extent, unfaith and confusion of responsibility arethe reason why Internet group-purchase industry began to decline. For example, whendisputes arise, the businesses and the website operators always try to transfer responsibility toeach other, makes it is difficult to protect rights of consumers.For these reasons, thedevelopment of the Internet group-purchase suffered bottlenecks after2012, and thousands ofgroup-purchase website failed with the rapid tightening of Internet group-purchase industry.To some extent, the sudden depression of the Internet group-purchase owes to theambiguous orientation in China, or, more specifically, the Internet group-purchase website inchina apply mechanically the development patterns of Groupon in America, and the form ofdevelopment is so monotonous. The other reason why Internet group-purchase industrydeclined so quickly is that the credit problems are not easily solved, the legal liability isdifficult to attribut when disputes occur.Consequently, it is very important for the development of Internet group-purchaseindustry to determinate the legal status. When the status of legal subjects are confirmed, thelegal relations of the website operators can be clearly identified. The participant with clearlegal relationship and the legal responsibility undertaker can correctly divide the legalresponsibility and resolve disputes in the event of legal disputes. Meanwhile, confirming thelegal status of website operators will contribute to help Internet group-purchase industrypassing through the “cold period” and ushering in a new spring.The author want to study the relevant legal issues about the website operators of Internetgroup-purchase in order to make modest contributions to the development of Internetgroup-purchase industry. In this paper, the main structure is divided into three parts:introduction, test, conclusion. Starting from the general concepts of Internet group-purchase, then analyzes the orientation of legal relationship. The rights and obligations of the websiteoperators of Internet group-purchase are discussed in the following part, and finallysuggestions about how to regulate the Internet group-purchase are proposed from differentperspectives.The introduction part mainly discusses the significance of this thesis topic, thebackground and innovation points. The test part composing of four sections gets to theorientation of Internet group-purchase step by step. The fist chapter gives reviews aboutInternet group-purchase, including the basic concept, form, process and characteristics. Thesecond chapter tries to seek the legal positioning of the website operators of Internetgroup-purchase. Firstly, the section analyzes the different theory corresponding to differentquality. Secondly, the legal relationships between the website operators of Internetgroup-purchase and the contracting parties are discussed and the legal status of the websiteoperators of Internet group-purchase is confirmed. The third chapter mainly analyzes therelationship of rights and obligations. The last chapter put forward proposals to improve lawsabout Internet group-purchase mechanism designing and suggestions about tradingmechanism, regulation mechanism, dispute solving mechanism and so on, at last, call onperfection legislation.The final conclusion mainly emphasizes on the important significance about positioningthe legal status of the website operators correctly. By definitely confirming the rights andobligations of the website operators of Internet group-purchase which acts as the third partyamong the legal relationship, we can solve the Internet group-purchase disputes perfectly andguide the newly developing E-commerce to be healthy development. |
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