Research On The Legal Nature And Responsibility Of Rebate Network Related Subjects

Rebate network is a platform for providing customers feedback benefits of online shopping. It is an independent shopping guide platform from the merchants, which had two main functions. On one hand, it could provide E-commerce CPS (Cost Per Sales) advertising services. On the other hand, it could provide consumers with professional shopping guide services by raking rebates,and ultimately achieve the resources online shopping win-win situation. However, the development of rebate network in our country was still in its infancy, its legal nature and the legal relationship between the relevant bodies were not clear yet. To make a comprehensive inquiry of the legal relationship between the body and provide theoretical support, an analysis was made to fine out the contract property and responsibility between the rebate network related subjects.The first chapter described the meaning of the rebate network, and continued to define non-time and quantitation-limil was the base of presetting the rebate network, which was a professional rebate-back-style website. Comparing the rebate network with other models to find out the particularity and the dispute types of the rebate network.The second chapter discussed the legal relationship between rebate network and cooperation mall and register members.Rebate network was one kind of network service providers,also known as service contracts. This service contract was a kind of contract for commission.The member relations between user and rebate network,and the trading relationship between users and business had some relevance to a certain extent. They conform to the nature of simultaneous contract and could not be equated to the grant contract, especially could not be applied in the gift contract revocation and the liability for warrant of defects of goods, otherwise, the consumer rights would not be protected.The third chapter discussed the contract and tort liability of rebate network. The rebate network activities should be defined by the "Consumer Protection Law", "User agreement", it also should be defined by the "the Advertising Law of the People’s Republic of China" ("Advertising Law" for short), and "the Contract Law of the People’s Republic of China"(’"Contract Law" for short) at the same time.Rebate site should comply with the relevant laws and agreements, and effectively protect the legitimate rights and interests of consumers. As for the Tort liability, the direct infringement, such as unauthorized disclosure,transaction detail, deductions.non-reason-confiscation. cleared by the user account assets, intellectual property infringement and other businesses, should bear tort liability and compensate for infringer’s losses, serious nature should be given appropriate punishment. Only if the evidence showed that the rebate network infringement does not exist, its responsibility principle should be the principle of presumption of fault. The premise of rebate network tort liability is the rebate network in fault, its responsibility principle should be the principle of fault.