Legal Analysis Of Network Group Purchase Contract

Since 21 th century,the Internet economy with computer as the carrier has developed rapidly,and the worldwide Internet business model has been the main direction of economic development.Since 2008,the first internet group purchase website Group on appeared in the United States.As a new business model,online group buying,which is characterized by fast and high efficiency,has emerged and developed rapidly,and has gradually become a major consumption mode in China.The rapid development of network group purchase which appeared in different operation type,initiated by different subjects as the basis can be divided into three main modes: self initiated group purchase behavior of consumers,consumers in order to make the spontaneous group purchase businesses to make more concessions,more cheap goods,through the Internet communication tools have common contact desire of people to buy,the formation of consumer groups consumer goods network group purchase;marketing group purchase is relatively initiated by businessmen,merchants puerile concept,product publicity through online marketing,stimulate consumer collective purchase;third kinds of network group is different from the above two modes Buying is a product of further development.Commercial online group buying has a group buying platform or website that specializes in organizing group buying by consumers.Online group buying is the launch of an online group purchase platform outside the buyer and seller.At the same time,it provides services to consumers and merchants.The group-buying platform acts as a connection point to publish group purchase information.Providing technical and information support for business activities between buyers and sellers.The emergence of third-party organizations in the business network leads to a complex relationship between legal subjects,In practice,legal problems also emerge in endlessly.The occurrence of transaction behavior is bound to accompany the appearance of contracts,but different from the traditional trading contracts are commercial networks Group purchase contract increases fictitious,and compared with electronic commerce contract,network group purchase contract has more large-scale collective transaction behavior,so it is necessary to analyze it from the legal aspect.This paper is mainly composed of three parts: the first part is the basic analysis of the online group purchase contract,which determines that the online group purchase contract is actually a contract between consumers and merchants.At the same time,one party in the online group purchase contract is a consumer group composed of various individuals.It is determined that the nature of the online group purchase contract is the debt of most people,and there is a complex legal relationship.At the same time,the characteristics of the network group purchase contract are explored.Clear its and normal sale contract,the difference of electronic commerce contract.According to the nature and characteristic of network group purchase,carry on the definition of the concept of network group purchase contract,in order to generalize the concept of network group purchase contract most accurately at the same time,only further at the same time Only by analyzing the types of online group purchase contracts can we more accurately,concretely,and pertinently analyze them.The reason for the complexity of online group buying contracts is that there is always a network group purchase platform that exists from its establishment to implementation.Consumers,Merchants and online group buying platform are closely related to each other.Only by determining the legal relationship between the three subjects of the online group purchase contract and clearly understanding the rights and obligations of the three parties can we better deal with all kinds of disputes in the contract.The second part mainly points out the problems existing in the legislation and practice of the online group purchase contract.First of all,there are no laws and regulations specifically restricting the online group purchase contract in our country at the present stage.It can not be targeted to standardize the signing of contracts and guide the practice of operation,so that the network group purchase contract from the conclusion to the implementation of a lot of loopholes.At the same time,in practice,the network group purchase contract because of the geographical and time is not synchronized,Leading to prominent jurisdiction problems,heavy litigation,difficult to collect evidence,difficult to identify the rights of the parties to the lack of protection.Network group buying platform in the operation and operation process of the industry can not comply with the system,resulting in the industry The disorder of market order and malicious competition make the rights and interests of consumers unable to beeffectively guaranteed,which leads to the breach of contract of merchants and online group-buying platforms.The third part is based on the problems discussed in the second part to put forward the corresponding solutions.Firstly,it is determined that the online group purchase is a new type of contract.After drawing lessons from the relevant provisions of China's electronic commerce law and contract law,according to the characteristics of the network group purchase contract,When both parties offer and promise to reach the online group purchase platform,it is considered as service.It is clear that the rights and obligations between the three parties.At the same time,this paper combines the consumer rights and interests protection costs,From the angle of reducing litigation tiredness,we should protect the interests of consumers by way of public interest litigation,at the same time,we should use the network group purchase platform as far as the current situation in our country is concerned.In order to clarify the starting point of the responsibility of the online group purchase platform,to protect the privacy of consumers and merchants,and to enhance the self-discipline of the online group purchase platform,the mediation of the third party is the main way to solve the dispute.According to the nature and characteristics of the online group purchase contract and the legal relationship between the three subjects,this paper makes a comparative analysis of the normative system of the network group purchase contract at home and abroad,and combines the present situation of the development of the network group purchase in our country.To find out the problems and give corresponding suggestions in the existing legal system of our country,so as to better develop this new transaction mode and promote the economic development.