Research On Legal Issues Of Online Group Purchase Contract

In recent years,with the development of network technology and economy,online group purchase has emerged as a new consumption pattern in China.Our country the first group was formally established in 2010,because of its commodity prices relative to its website with the quality of the product has a big advantage,making it able to broad consumer's consistent high praise.Led by the group-buying website,other group-buying websites have also developed rapidly.New things always opportunities and challenges with the development of,along with the increase in group-buying activities and group,the resulting dispute also gradually increases,this is mainly because group-buying activity as a new economic model,is in its infancy in our country,law and other relevant laws and regulations for its services still lagged far behind the level of development,not keep pace with the development of the group activities.At the same time,it also caused the increase of the difficulty of the subject's rights in the online group purchase contract.And our country in the network group purchase contract legislation,there are a lot of shortage,the author thinks that it is necessary to through the analysis of theory to China's present situation of Chinese network group-buying parsing,make the subject clear their rights and obligations and bear the responsibility,to the healthy development of the group-buying activities contribute an own strength.This paper mainly can be summarized as preface,text and conclusion.In the research method,comparative research method and literature analysis method are mainly used.The foreword is mainly composed of research background and significance,domestic and foreign research status,research methods and innovation points.The text of this article mainly includes the following several aspects: the first part is discusses the general problems of network group purchase contract,points out that the development of network group purchase contract is essentially the traditional contract,is included in the traditional contract,and its property does not change,also should follow the traditional contract should follow some principles.The second part analyzes the legal relationship between the main body and the subject.Due to the particularity of the network group purchase contract,it contains three main body law: group-buying websites,consumers(namely the buyer),entity(that is,the merchants or the seller),an operator and group-buyingplatform between merchants and consumers for business contract relationship,and for groupbuying platform and legal relationship between merchants,this paper tends to agency relationship.The third part analyzes the effective and format terms of the network contract.Due to the particularity of the online group-buying contract,this paper argues that the important elements in the traditional contract are not fully applicable in the online group purchase contract.Because the network group buying involves third party subject to the conclusion of the process is the most important offer and commitment are relatively deep described,on this basis,discussed the network group purchase contract comes into effect and format terms.The fourth part analyzes the responsibility of the main body of network group purchase contract.It also makes a detailed analysis of the legal responsibility of each subject.The fifth part points out the existing problems in legislation and practice,and analyzes the causes of these problems.At the end of this paper,some Suggestions are put forward according to the problems existing in the legislation and practice of group-purchase contract in China,and hope that these Suggestions can play some roles.