A Study On The Civil Liability Of China’s O2O Group-buying Operators

From2010to the present, the network group-buying goes quickly, attracting more and more consumers. It is trading as a new network mode, with its unique price advantage, perfect service system and convenient shopping experience, won a good reputation of many consumers. Now O2O (online to offline, online payments combines offline buying)is a mainstream network buying mode, it provides consumers with local life service, offers great convenience, and soon been rapid promotion, this mode because of the website operators directly involved in the transaction, making its legal relationship with merchants, as the main consumers of the three, has become more complex, at the same time, the lag and network buying laws and regulations, resulting in the network buying endless disputes, especially about the areas of operators’civil liability, consumers can’t tell the specific responsibilities.The idea of this paper is asking questions, analyzing problems and solving problem. From the beginning of the text, it introduces the basic theory of network group-buying operators and analyzes the operating modes and features of network group-buying in the O2O mode and the legal status of network group purchase operators, the legal relationship of network group purchase. These provide the theoretical groundwork for the analysis of problem behind. Then, By discussing breach of contract, tort liability and the two competing in different situations, sketching out a specific framework of civil liability analysis. On the basis of defining the nature of the civil liability, raising the problems of existing legislation and proposing formula for our O2O group-buying operators’ initiatives to improve civil liability regime. Specifically, the paper is divided into an introduction, body and conclusion, in which the body is composed of four parts:The first part introduces the basic theory of the civil liability of020group-buying Operators. Firstly, introducing the classification of website operators and business mode, and pointing out the difference between020and the traditional mode.020is not only the mainstream of development, but also the problem-prone, the relevant legal issues involved are very worthy of further exploration, so this mode is selected as the research object. Then, discussing the legal status of operators, At first, introducing the related theory and assessment, and then talking from the distinction between "trading network operators" and "third-party trading platform", proposing a "hybrid service platform legal status ". At last, analyzing the civil legal relations of group-buying. And after the introduction of network transactions dichotomy trading patterns,020operators are subject to deal directly formed between a contract for the sale of its relationship with consumers. These ideas are put forward specific discussion later laid a theoretical foundation.The second part focuses on the nature of the Civil Liability of China’s020group-buying operators, including basic obligations, responsibility principle, responsibility forms, which discussed020group-buying Operators should undertake in different situations of breach of contract, Infringement competing responsibilities and obligations. For Breach of contract, O2O group-buying Operators directly undertake the responsibility of group-buying sale contracts, responsibility principle is strict and the mainly right remedies are the same as with the general sale contract; while for the tort liability, in understanding the legal obligations of group-buying operators, should be used fault-based liability, not absolutely reject the principle of strict liability. In addition, ensure the perspective of the theory, simply discussing the concurrence with the two.The third part is for the legislature to review the020group-buying operator’s civil liability system, it comes from a lack of specific laws and regulations of the legislative status quo:civil liability regime scatters laws and regulations at all levels, responsibility finds pertinence; the legal status of group-buying operators is unknown and difficult to determine breach body; network transactions litigation mechanism operable weak, fraudulent direct infringement is difficult to achieve.The fourth part is some advice to improve our system of civil liability of020group-buying:Legislative norms and principles of civil liability system model of O2O group-buying from the macro; From the perspective of strengthening information disclosure, clear legal relationship between merchants and group-buying site, and solve the problem of consumers can not find the person responsiblity; finally, proposing several new e-commerce appropriate means to solve the non-complaint and ensuring the rights of rights holders can be achieved.Innovation of this article:Firstly, this topic is novel and has research value. As an emerging legal issues in e-commerce mode, this paper study O2O group-buying operators as the research angle of view, comparing to the previous study, which using the entry point, it was more targeted. Secondly, the author introduced in the analysis "transaction mode" to study the legal relationship of group-buying, the nature of civil liability, meticulously studying the ways to improve its corresponding legislative issues,which is more in depth,compared to the previous studies.Inadequacies of this article:The study on e-commerce needs more professional knowledge, For which many kinds of knowledge are needed in order to make the accurate judgments.so the author did an insufficient study on combining the new with the traditional in details, such as competing issues of civil liability, the improve measures to solve the problem and so on. Furthermore, due to the limited literature and less personal level of scientific research, the article is inevitably be imperfect, and the lack of a deeper level of thinking.