A Empirical Research On The Legal Issues Of Online Store Transfer In China

With the booming development of Internet economy,opening online stores on the network platform has become an increasingly popular way for people to conduct commodity transactions.The market demand has given rise to the transfer of online stores.However,the transfer of online store accounts is prohibited in the agreement signed between online store operators and online platforms when opening online store accounts,resulting in many disputes in the transfer of online stores in reality.However,China's laws only stipulate the protection of network virtual property,and there is no regulation on specific types of network virtual property,such as network shops.When the online store transfer dispute is appealed to the court,the judge can only have the discretion within the scope of the existing law,which leads to the phenomenon of different judgments in the same case.The reason lies in the fact that the legal attribute of online stores is controversial and the ownership of rights is not clear,which leads to the court's different identification of the validity of online store transfer.To this end,the author analyzes our country net 43 written judgment about online stores in the transfer of the written judgment,further analyze the China's online shop transfer problem of academic theory and judicial practice,and through the analysis of the academic point of view put forward their views and Suggestions,so as to perfect the legal regulation of online store transfer in our country make a meager strength.In addition to the introduction and conclusion,the main body of this paper consists of four parts:The first part mainly introduces the theory and current situation of network store transfer.Through the formation process of network stores,we can see that the emergence of network stores is closely related to the development of the Internet,which is also the essence of the transfer of network stores,that is,the transfer of accounts on the Internet platform.Due to the differences in operating subjects and operating modes of online stores,the types of online stores are different.The transfer of online stores studied in this paper refers to the transfer of individual stores on the Internet platform.Compared with the transfer of physical stores,there are great differences between the two in terms of transfer methods,procedures and properties.Along with the development of the Internet,such as the online shops springing up rapidly,network store transfer also follow the market demand is there,in the event of a transfer has the dispute,the network shop transfer disputes more and more,appealed to the court when the dispute,because of the legal attribute of network shop law and right ownership is unclear,lead to different connection with the court sentenced the phenomenon.The second part mainly expounds the main problems faced by the network store transfer in China.In terms of academic theories,the legal nature of online stores is controversial,among which the real right theory and the creditor's right theory are the focus of the dispute,which is also one of the reasons for the different judgments of the same case in the court's judgment.In addition,the unclear ownership of the rights of online stores also leads to the disputes over the transfer of online stores.In terms of judicial practice,it can be seen from the content of the court's judgment that the court has different ascertainment of the validity of the online store transfer contract and the judgment basis is different,and some courts think that the prohibition of transfer agreement is reasonable,which reflects the current online store transfer credit guarantee mechanism is not sound.The third part mainly analyzes the problems faced by China's network shop transfer.In terms of the legal attributes of online stores,Chinese academic circles have a variety of theories and views on the legal attributes of online virtual property.In combination with the legal characteristics of online stores,the property right theory is more consistent with the interpretation path of the corresponding legal attributes of online stores.However,as the object of real right,the network store is different from the general thing.Because of its network virtuality,it should be identified as a new type of thing.In terms of the ownership of the rights of network stores,scholars have different views on the ownership of the rights of network virtual property.However,combined with the nature of the value of network stores,the author believes that the dual separation of the ownership of network stores and their websites is conducive to the realization that the value of network stores belongs to the operators.In terms of whether the online store can be transferred,the author believes that the online store can be transferred from the legal and unreasonable prohibition of transfer agreement,the legal basis and practical needs of the online store transfer and the protection of transaction security.The fourth part puts forward some Suggestions to perfect the legal regulation of online store transfer in China.First of all,the network store has the legal characteristics of property,but belongs to the new type of property,belongs to the object of real right,its right content has possession,use,profit and disposal;Secondly,the rights of online stores are divided into two parts.The ownership of the online stores belongs to the operators,so as to reflect the value of the online stores belongs to the operators.The ownership of the website of the online stores belongs to the network platform,so as to balance the interests of the operators and the network platform.Third,the network store can be transferred,the network store transfer contract should be deemed to be valid,unless the law is violated mandatory provisions.Finally,in view of the credibility problems in the process of transferring online stores,it can be guaranteed by improving the entry and exit mechanism of online store operators and the information publicity system.