Ways Of Protection Of The Internet Virtual Store's Rights Of Personality

Customers seldom know the information about the persons who in charge of the internet virtual stores when making a deal with them due to the characteristic of Internet.Customers will choose the stores with high remarks to buy the things they need.At this moment,it is clear to see that the reputation of the store and its runner is not the same thing.When someone try to make bad remarks with no good will or even spread slanders of an internet virtual store,rumors will affect the sales of internet store while the reputation of internet store owner will not be affected directly.Internet virtual store shall not in its own name bring a law suit to the person who spread the slanders and get remedies because of the lack of legal position of the internet store regulated by present law.The dilemma is the runner of the internet virtual store shall not sue the infringer for its own reputation was not infringed directly.This essay is based on case study,taking internet virtual store on Taobao for example,proving that under the current law system in our country,regulations that protect the benefits of stores registered on Taobao platform by the natural person are not clear.Besides it is also not clear that weather such internet virtual stores have the same rights of personality with the natural person or the individual businesses.This assay brings out the idea to empower the internet virtual store limited rights of personality and to apply the litigation undertaking system to solve the dilemma.This essay includes five parts,the first part introduces the main problems this essay focused on and the and the previous studies on this matter.The second part is main body of this essay including four chapters.The first chapter analysis the factors of the Person in perspective of Civil Law,compared with the characters of internet virtual store and reaches the results that internet virtual store is not a Person in sense of Civil Law but truth is the reputation is damaged when infringement happens.The second chapter analysis the characters of business person and commercial act in the perspective of Commercial Law and reaches the results that internet virtual store in essence is a business person and the operation of the internet virtual store is commercial act.This chapter also makes comments on the business registration system and finds out that the business registration system is a process to ensure the qualification of the business person.And analysis the main theory about the legal position of the internet virtual store and which prevails in this essay.The third chapter introduces the current legislation in our country and brings out the ways of protection of the virtual personality of the internet virtual store which is separate the personality and property characteristic of internet virtual store and empower internet virtual store the limited rights of personality while applying the litigation undertaking system to solve the qualification of subject of litigation in order to protect the benefits of internet virtual store.The last part concludes the whole essay which reaches the conclusion that internet virtual store in essence is a business person in commercial relationships and the operation of internet virtual store belongs to commercial act.At present the best way to solve the problem is to empower the internet virtual store the limited rights of personality while applying the litigation undertaking system.