Research On Legal Status Of Idle Goods E-commerce Platforms

The legal status of idle goods e-commerce platforms due to the complexity and change of online transactions of idle items,and the different functions displayed by the platform in different transaction stages,its legal positioning also produces complex characteristics,which makes it impossible to use the existing legal framework Existing legal relationships within it position its legal status.The idle goods network transaction can be divided into two parts: transaction stage and transaction dispute processing stage.There are two types of contract legal relationships in the online transaction stage of second-hand goods.One is the contractual relationship between the buyer and the seller,and the other is the service contract relationship between the platform and the seller and the buyer.According to the principle of contract relativity,it can be seen that the platform does not participate in the purchase and sale of commodities,but provides services for auxiliary transactions.In addition,the platform is in a neutral position in online trading activities.This behavior of providing services is purely a technical service and cannot be involved in the substance of the transaction.Therefore,the legal status of idle goods e-commerce platforms in the transaction link is the provider of the trading platform.The idle goods e-commerce platform,as a provider of trading venues,has the right to formulate platform trading rules and collect and manage user information;at the same time,it is responsible for ensuring the security of idle goods e-commerce transactions,fixing and preserving electronic evidence,and monitoring commodity information.If there is a dispute between the buyer and the seller during the transaction,a dispute resolution process will occur.At this stage,the online dispute resolution mechanism in the idle goods e-commerce platform comes into play,and the status of the platform changes.Due to the lag of the law,the platform,as a corporate legal person,establishes a dispute resolution mechanism,formulates supporting dispute handling rules,and writes the mechanism and rules into a service agreement based on the requirements of private self-regulation.The agreement of the contract gives the platform the right to Decisions on transaction disputes between users are made,so at the stage of transaction dispute resolution,the platform has the status of a referee of transaction disputes.As a prospective referee of a transaction dispute,he has the right to formulate dispute settlement rules and execute dispute settlement results;he has the obligation to establish an online dispute resolution mechanism and assist in dispute settlement.Compared with the judicial approach to resolving second-hand transaction disputes,the online dispute resolution mechanism within the platform has the advantages of low cost,high efficiency,and strong execution power,but the identity authorization of the platform as a prospective referee for transaction disputes is more from the contract.It is agreed that the legal binding force is not strong,and the dispute settlement rules formulated by the platform will also have illegal problems that conflict with the law,and unreasonable formulation procedures.In order to make better use of the function positioning of the second-party e-commerce platform as a prospective referee,a commercial third-party dispute resolution agency can be introduced to resolve the subject's legitimacy,and it can be connected with judicial channels such as arbitration and Internet courts to resolve the legitimacy of dispute settlement rules,to further provide scientific and transparent rulemaking,and use big data platforms and artificial intelligence to diversify transaction disputes.