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Research On Legal Issues Of Registered Account Of The E-commerce Platform

Posted on:2021-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WangFull Text:PDF
GTID:2416330629987729Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The registered account of the e-commerce platform has been active in people's daily life.It is rooted in the development of science and technology and the progress of domestic and foreign legislation.It is a product of a complex new civil field.With the promulgation of the "E-commerce Law" and "Civil Code",based on the needs of judicial practice,the legal attributes of this new type of thing are accurately and clearly defined,in order to provide a way of solving related disputes in practice.It is important to Practical significance and academic value.The registered account of the e-commerce platform is based on the current legislative progress,based on the legislative concept,combined with the relevant operational situation of the practice,boldly and systematically define the classification,and divide it into two categories: operator registered account and consumer registered account within the platform.By demonstrating that its legal attribute is network virtual property,and further demonstrating its right attribute as real right,on this basis,according to the operating characteristics of these two types of registered accounts in practice,further demonstration can refer to the civil law theory of usufructuary rights to solve practice The problems of the transfer,inheritance and cancellation of the registered account of the e-commerce platform appeared in.The basic thread that the article demonstrates follows is the process of the creation,change,and elimination of legal relationships.It is also the analysis process of a series of practical issues such as the creation,transfer,inheritance,and cancellation of registered accounts on e-commerce platforms.The article uses the method of "hermeneutics" to choose the applicable law,the purpose is to be able to more efficiently adapt to the needs of scientific and technological development and practical situations.By combing and defining the legal attributes of the registered account of the e-commerce platform,in the face of a large number of judicial practice cases such as transfer and inheritance that have appeared in practice,there is also a solution and a path to construct a relationship of rights and obligations.The article adopts empirical analysis and comparative analysis methods to analyze the problem of the emergence of e-commerce platform registration account,to the definition of legal attributes,and finally to the solution of the problem.Chapter 1: The preface mainly introduces the background and significance of the topic selection,research methods and innovations,and the problems to be solved by the article's theoretical analysis.Chapter 2: This part starts with typical judicial cases,through sorting and analyzing the most common transfer and inheritance disputes of e-commerce platform registeredaccounts in practice,and judicial judgments of the court for similar situations but with different judgment results.According to the judgment result of judicial case disputes,the reason why the courts "different judgments in the same case" is analyzed is that,first,some courts believe that the registered account of the e-commerce platform does not belong to the virtual property of the network,and it does not meet the criteria for determining the virtual property of the network.The legal provisions on online virtual property will apply;Second,although some courts have determined that the registered account of the e-commerce platform belongs to online virtual property,there are disputes over the legal nature of the online virtual property itself,and the specific applicable legal regulations are different.According to the question raised in the case,the topic of argumentation in the next part of the article is drawn.Chapter 3: This part is an overview of the theme of the article.The legislative concept "e-commerce platform" is selected as the attributive of the article.According to the operation of practice,the registered account under the attributive meaning is defined.It classifies and lays the foundation for the analysis of its legal attributes in the next part of the article.At the same time,it analyzes the theme of the article and related concepts to define its extension and connotation more accurately.Chapter 4: This part is the focus of the article's analysis and analysis,focusing on the analysis of the legal attributes of e-commerce platform registered accounts.Different legal attributes will lead to different solutions to practical problems.This part first summarizes the views of different scholars in the academic world,on the basis of analyzing the different views of various scholars,puts forward his own ideas and opinions,and conducts a systematic argument to clarify the attributes of the network virtual property of the registered account and clearly propose The legal attribute is the object of real right.Chapter 5: This part is based on the analysis and argumentation in Chapter 4 of the article.According to the theory demonstrated in the previous part,the problems arising from the operation of the e-commerce platform registered account in practice are put forward.And methods to guide and solve practical problems.Chapter 6: This part is a summary of the full text of the article,and also puts forward some of the shortcomings of the article,and the outlook for related issues,especially the outlook for the data in the Civil Code.
Keywords/Search Tags:e-commerce platform, registered account, network virtual property, ownership, usufructuary right
PDF Full Text Request
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