Research On The Legal Regulation Of On-line Shopping Scalping Behavior

In the online shopping,scalping behaviors will simultaneously damage the legitimate interests of consumers,e-commerce operators in the same industry,and e-commerce platforms.It is urgent to intensify the supervision of scalping behaviors in the online shopping that disturbs the market order,and improve the legal regulation path for scalping behavior in the network shopping,in order to create a fair and orderly network shopping environment for supporting the sustainable and healthy development of network shopping.Except for the introduction an the conclusion,the main body of this paper consists of five parts.The first part,namely the second chapter of this paper,“General Investigation on Scalping Behaviors in the Network Shopping”,in which the scalping behaviors in online shopping were investigated from five perspectives of meaning,nature,performance,cause and harm,introducing the basic knowledge of scalping in the online shopping,to specify the boundary of research objects.The second part,is the third chapter of this paper “Theoretical Basis of Legal Regulations on the Sculping Behaviors in Online Shopping”.This paper explains the theoretical basis of legal regulations on the online shopping scalping,and analyzes the necessity of prohibiting this behavior from the perspectives of market failure based on economics,honesty principle based on the law,fairness principle,and state intervention.The third part is also the fourth chapter in this paper,that is “The Status Quo and Deficiencies of the Legal Regulations on the Sculping Behaviors in Online Shopping”.It analyzes the existing problems from the perspectives of legal operability,consumer rights and interest relief,regulatory mechanism and accountability.First of all,the current law has less strong operability;Then,the relief path for consumer rights is not smooth;Again,the supervision mechanism is not sound;Lastly,there is an absence of the current accountability system.The fourth part,also the fifth chapter in this paper,namely “The Situation and Englightenment of Legal Regulations on Sculping Behaviors in the Online Shopping at Abroad”,This part optionally uses the beneficial experience of foreign countries for reference in light of China's actual situation on the basis of probing into the situations and enlightenment of legal regulations on the sculping behaviors in network shopping from the USA,EU and South Korea.The fifth part,also the 6th chapter in this paper “Suggestions on Improving the Legal Regulations of Online-shopping Sculping Behaviors in China”,which puts forward some of my suggestions on the existing problems for reference.Firstly,enhance the law's operability;Secondly,smooth the relief path of consumers' rights and interests;Thirdly,build a regulatory linkage mechanism;and fourthly,improve the accountability system.