| The civil legal relationship of online shopping is a complex collection of legal relationships,which mainly includes the online shopping service contract relationship formed between the online shopping platform and the seller and consumer,and the online shopping contract relationship formed between the seller and the consumer,The fund escrow payment service contract relationship formed between the seller and the third-party fund custodian payment institution,and the logistics service contract relationship formed between the seller and the logistics enterprise.The five types of legal relationships are based on the online shopping service contract relationship,centered on the online shopping sales contract relationship,and guaranteed by the fund custody payment service contract relationship and the logistics service contract relationship to jointly maintain the smooth operation of online shopping.The "Civil Code" and "E-commerce Law" grant civil legal status to each subject of online shopping and stipulate the rights and obligations of the civil legal relationship between each subject.The "Consumer Rights Protection Law" combines the reality of online shopping to provide special protection for the rights and interests of online shopping consumers,and stipulates the responsibilities of online shopping platforms and online shopping sellers.However,in the course of practice,it appears that there are insufficient legislation on the civil legal relationship of online shopping,and there are problems in the judicial system.Therefore,it is necessary to conduct a specific research on the structure of the civil legal relationship of online shopping,and then put forward suggestions to improve the legal regulation of online shopping.In addition to the introduction and conclusion,this article is divided into three chapters.Chapter One "Basic State of the Civil Legal Relationship of Online Shopping" specifically analyzes the normal structure of online shopping operations,combs and summarizes the basic characteristics of online shopping,expounds the basic elements of the civil legal relationship of online shopping,and summarizes the civil legal relationship of online shopping.The legal issues in the legal relationship outline the macro structure of the civil legal relationship in online shopping.Chapter 2 "Specific Analysis of Civil Legal Relations of Online Shopping",in-depth study of the rights and obligations of the five main legal relations in the collection of civil legal relations of online shopping,expounds the main obligations of each specific civil legal relationship,and discusses the rights and obligations The nature of the relationship clarifies the relationship among online shopping platforms,sellers,consumers,third-party fund trustees and payment institutions,and logistics companies,and clarifies the micro structure of the civil legal relationship of online shopping.Chapter 3 "The Status Quo and Improvement of the Application of Law on Civil Legal Relations in Online Shopping",expounds the current legislative status and judicial practice of civil legal relations in online shopping,reflects on the deficiencies of legislation and judicial problems,and analyzes the restrictive factors of legislation Based on the reasons for the judicial problems,suggestions were made to improve the legal regulation of online shopping.It is hoped that by improving the specific norms of the civil legal relationship of online shopping,refine the rules of judicial determination of civil cases of online shopping,and promote the development of the civil legal relationship of online shopping in a better direction. |
