Research On The Obligations Of Purchasing Agents’ On The Internet

Internet purchasing which is a new shopping way of the electronic commerce, hasreceived more and more attentions of Internet users because of its convenience, fast speedand other advantages. But there are many risks which lead to many disputes such as pricerisk, the quality risk and the risk of human rights during the development of the Internetpurchasing. So confirming the purchasing agent’s obligations not only has legalsignificance on restricting their behaviors, but also has realistic guiding significances onimproving the service quality and protecting the consumer’s rights.The first chapter is the preface which includes the research background, significancesand the summary of related research literature, as the preparation of the further discussionafterwards.The second chapter defines the purchasing agent’s legal status, and considers that theinternet purchasing is not only a consumer behavior but also a service behavior bysummarizing other scholars’ points. According to different standards the paper classifiesthe models of internet purchasing, and there are three parties who are the buyer, thepurchasing agent, and the goods provider in the internet purchasing. The principal-agentrelationship is between the buyer and the purchasing agent, while the purchasing agent andthe goods provider is based on the selling and buying contract, and it can be seen as acommission contract just in B2C models.The third chapter analyzes the obligations of the purchasing agent for the buyer indetail. Through interdisciplinary research methods, this paper based on the theory of narrowcollateral obligation, considers that the properties of purchasing agent’s informationdisclosure obligation should be distinguished according to the process of internetpurchasing. The transaction security protection obligation should be distinguished with thesafety guarantee obligation and it is the accession obligation. The follow-up serviceobligation should be the after contract obligation. This thesis is more in line with the actualby redefining the properties and the forms of the purchasing agent’s obligations.The forth chapter analyzes the obligation of the purchasing agent for the goodsprovider. From comparing domestic with the overseas purchasing, this thesis analyzes theobligation of the purchasing agent for the goods provider, expounds the particularities ofthe overseas purchasing, and analyzes the obligation of paying tariff by discussing “airlinestewardess who was a purchasing agent” case.The fifth chapter based on the above conclusions, expounds the application of lawwhen the purchasing agent failed to perform the obligations and makes the realisticreflection, considers that the buyer can choose the contract law, the consumer rightsprotection law or the tort law to be the legal basis to protect the rights when the purchasing agent breaking the obligations, and it shall be governed by the contract law of our countrywhile the private international law and the law of goods provider’s country can also be usedwhen the purchasing agent didn’t follow the obligations for the goods provider. The thesisgives the points to the reality shocks and puts forward improvement measures at last.The sixth chapter is the conclusion of the whole thesis.