The Research On The Legal Issues Of Individual Network Store Transfer

To provide a reference for the emerging online dispute cases in judicial practice,in August 2018,the supreme people's court released the first batch of typical cases involving the Internet,which including network store transfer contract dispute case of wang yong v.wang fan,zhou jie,Shanghai dance bubble network technology co.,LTD.The judgment of this case considers that there is a contractual relationship between operators of online shops and operators of e-commerce platforms,and then the transfer of online shops is regarded as the transfer of credit and debt between operators of online shops and operators of e-commerce platforms.The main legal issues involved in this case include the legal nature of individual network stores,the ownership of rights of individual network stores,whether the operators of e-commerce platforms have the right to prohibit the transfer of individual network stores,and the balance and protection of interests of all parties involved in the transfer of individual network stores.Based on the typical case of personal network store transfer,this paper analyzes and answers the legal questions revealed by typical cases on the basis of summarizing various theories and views.First of all,the analysis of legal nature of individual network stores.At present,there are arguments about the subject of civil rights and object of civil rights in the judgment of the legal nature of individual online shops in the academic world,and there are several branches of object of civil rights,such as theory of real rights,creditor's rights and intellectual property.The theory of intellectual property holds that the essence of personal online shops is an intellectual achievement.The theory of creditor's rights holds that personal online shops are only the creditor's rights and debts between the operators of network stores and e-commerce platforms.The theory of property rights holds that personal online shops have the property of things,which is virtual in nature and still belongs to the category of things in the property law.In essence,personal online store is the object of civil rights,it is a kind of property,which can be measured by money value,condenses the labor of network store operators,and integrates the influence,customer source and credit degree of the store.The personal network store is the labor crystallization of the long-term operation of the network store operator,which has the use value and exchange value.The personal network store should be owned by the network store operator.Secondly,the analysis of whether the operators of e-commerce platforms have the right to prohibit the transfer of individual network stores.The operators of e-commerce platforms restrict or forbid the transfer of individual network stores through network service agreements.The main reason is that any transfer of network stores will set up the platform's real-name authentication system and credit rating system,and then impact the market order and affect the security of online transactions.The reason why operators of e-commerce platforms are prohibited from transferring is an unreasonable assumption and deduction,which is difficult to establish.Individual network stores have obvious property attributes,and operators of e-commerce platforms should not restrict or prohibit them from exercising property rights.The operators of e-commerce platforms have no right to prohibit the transfer of individual network stores,because the terms of the network service agreement prohibiting the transfer of network stores are not only invalid format terms,but also violate relevant provisions of the e-commerce law of the People's Republic of China.Finally,using the concept of balance of interests to deal with the personal network store transfer dispute analysis.The first,the inte rests between operators of e-commerce platforms and operators of network stores can be balanced and taken into account through the online store information disclosure system and the transfer fee system.The operators of e-commerce platforms should assist the operators of network stores in handling the transfer.At the same time,the operators of e-commerce platforms should fully give the operators of network stores the right to appeal before implementing the punishment measures in the transfer management,so as to ensure the fairness and justice of the punishment.The second,the transfer of personal network store should realize the balance of interests between the transferor and the transferee.The assignor and assignee shall cooperate with each other to complete the delivery and transfer of the online store.In order to protect the interests of the assignee,the assignor shall be bound by the non-competition obligation.In order to protect the reputation of the store and the interests of consumers,the assignee shall perform the obligation of returning or replacing products purchased online by consumers for the assignor.The third,individual network store transfer should fully protect the interests of consumers.The e-commerce platform should establish and perfect the credit evaluation system to fully guarantee the consumers' right to know about the real operation of network stores.If the operator of an e-commerce platform fails to fulfill its obligation of safety guarantee,which results in the loss of consumers' interests,it shall bear joint and several liability to consumers together with the operator of the online shop.