Research On Legal Problems Of Online Auction On A Third Party Platform

As a novel and convenient pattern of auction, there are severaldifferences between online auction on a third party platform and theonline transaction of traditional auction, these differences are mainlyabout the qualification of the platform, obligations of the platform,ways of transaction and payment methods. The new form of onlineauction has also brought a series of challenges to the traditionalauction legislation. Because of the uncertainty of the legal status ofthe platform, the imperfection of the regulations for the obligations ofthe platform, and the faultiness of payment legislation, credit risk andpayment risk have been the obstacles that impede the development ofthis new pattern auction.With the analysis of the legal relationships involved in theonline auction, this article proposes to admit the legitimacy andparticularity of the platform by legislation to solve the doubt for thelegal status of the platform. Credit risks and payment risks will alsobe discussed, available suggestions such as the definition of legalresponsibility of the platform, application of notarization mechanism,reasonable distribution of the risks of unauthorized payment, andproper imputation of faulty payment,will be proposed. This articlealso harborsthe anticipation of being helpful in the improvement ofthe auction legislation, and the development of the online auctiontransaction.