Legal Analysis Of The Transferability Of Online Stores

The general principles of civil law of the People's Republic of China(hereinafter referred to as the general principles of civil law)shall come into force on October 1,2017.Article 127 of the general principles stipulates that if the law has provisions on the protection of data and network virtual property,such provisions shall prevail.This is the first time in China to write network virtual property into law.The civil law regulates the network virtual property from the general level,which not only shows the status of the network virtual property in the economic life of our country,but also highlights that the value and role of the network virtual property have been valued and affirmed by the legislators.With the rapid development of Internet economy,people's business model of trading goods and services through the Internet is becoming increasingly popular.After more than ten years of development,this business model has become an indispensable part of China's economic society.At present,China has854 million Internet users and 639 million online shopping users,accounting for74.82% of Internet users.Internet business model has brought strong impetus to economic development and many conveniences to our work and life.However,due to the rapid renewal and iteration of the legal relationship in the Internet economy,and the lag of the law itself,it brings great challenges to the establishment and improvement of the legal system of the Internet economy in China.At the same time,this challenge also forces the improvement and progress of the existing legal system.For many disputes in the Internet economy,there are imperfect legal provisions or low adaptability in the current legal system.This paper takes Taobao company v.Li Lei as the research object,which is a typical case of disputes caused by the transfer of online stores.Through the analysis of this case,it discusses the legal attributes of online stores,the effectiveness of useragreements restricting the transfer of virtual property,and the effectiveness of the transfer contract of online stores Question.Face up to the current C2 C trading mode,the difficulties faced by the transfer of online stores.In order to explore the operational transfer mode of online stores and the corresponding legal system,to provide a theoretical basis for similar cases in the current judicial practice,and to provide legal protection for the transfer of virtual property such as online stores in the future,and to promote the further healthy and orderly development of China's online economy.