Research On Legal Problems Of The Transformation Of Management Right Of Individual Online Store

With the development of computer and Internet technology, online shopping is becoming more and more popular. The users and trading volume are upswing year by year. Online store is necessary to online shopping. As a result, there are more and more online stores. According to the difference of shopkeepers and online trading platforms, online stores can be classified respectively. In this paper, the object of study is limited to individual online store. It means that a natural person without industrial and commercial registration sets up an online store on online trading platform provided by internet service provider.The shopkeeper of individual online store comes to a service agreement with internet service provider and then can manage his or her own online store. We call it management right of individual online store. Because of inheritance, divorce and transaction, the management right will transfer from original owner to new owner. This transformation has huge demand. However, the service agreement prohibits it. The original shopkeeper can only transfer the right to new shopkeeper through private agreement. The internet service provider won’t change the real-name of original shopkeeper on the trading platform, which leads to a series of dissension.In basis of operating activities, the individual online store accumulates credit, which can be seen as property. The legitimate interests of property are owned by shopkeeper and at his or her disposal. The network service agreement is provided by internet service provider unilaterally. The standard terms that prohibit transformation are lack of rationality and fairness. The transformation may not be invalid in result. With the permission of inheritance transformation and divorce transformation, the transaction of online store will accomplish sooner or later. The regulations after transformation can maintain the credit system of online shopping will maintain and safeguard the rights and interests of consumers. So the network economy will grow sturdily.Besides introduction and conclusion, this paper is divided into four parts. The first part is to introduce the realistic predicament faced by the transformation of management right of individual online store. Up to now, there are no statutes to apply in the transformation. Network service agreement also prohibits it. Because of private transformation, many lawsuits have been piled. The second part is to analysis the transformation of management right of individual online store in theory, which includes the legal nature of individual online store, the connotation of management right and the meaning of transformation. The third part is to demonstrate the transformation of management right of individual online store from necessity and feasibility. The fourth part is to introduce the transformation in three ways, the specific operating process and how to regulate after transformation.