| With the development of the internet, the cyber economy come into being. As the typical object of the cyber economy, personal online store brings a comprehensive reform to the traditional shopping mode. Due to the flexible and convenient business model, personal online shop has been developed rapidly, and gain great influence to social and economical life. However, the national legislative level haven’t clearly defined the legal status of personal online store, and the local legislation gave different rules about it, which make the legal status of personal online store in a blank state, caused widespread controversy in theory and practice.This article mainly focus on the establishment of the legal status of personal online store and consist of three sections, then, it discusses the current situation and problem of personal online store, the necessity and legitimacy of to establish the legal status of personal online store, the establishment of the legal status of personal online store.The first part is an overview of the personal online shop, in the first, it defines the elementary concept for the theoretical research of personal online shop, and introduce the mode of the e-commerce where personal online shop belongs to. Secondly, it studies the definition of personal online store, as well as the advantages and limitations of personal online shop. In the same time, to analysis the legislative and practical situation of personal online shop, and point out the problems that implies.The second part is the necessity and legitimacy of to establish the legal status of personal online store. Firstly, is discriminate legal relationship between personal online store and online trading platform? On this basis, to analysis the legal status of personal online stores in network transaction. Second, from he perspective of personal online stores, consumers, regulatory authorities to analysis that the effects of lack of legal status for the personal online store in empirical way. Then, it explains the theoretical basis of the establishment of legal status for personal online store-protecting the freedom and safety of online trade and sole proprietor in commercial law.The third part is the establishment of the related institution of legal status for personal online store. Through the discrimination to business subject, the personal online store should be defined as business subject. In addition, after comparing privately or individually owned business to individual business establishment, we come to the conclusion that personal online store should be included in the category of privately or individually-owned business. Finally, considering the particularity of personal online store here put forward the relevant suggestion about the condition, content, procedure of commercial registration. |
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