Research On Civil Law Issues Related To Online Group Buying Organizers

The online group buying business has gone through an external stage,a spontaneous stage,a blind stage,and a phase-out stage in our country.It has been nearly 20 years now,and now it has officially entered a stage of gradual maturity.The public has a high degree of awareness and participation in it,and it is now an indispensable branch of e-commerce.It relies on the Internet to create a market economy model that is completely different from traditional shopping or traditional group buying.But we must see that benefits and risks are at the same time.Many problems have been exposed in the development of online group buying,and these problems traverse legislative,judicial,administrative,market autonomy and so on.For new things,they will inevitably have sparks with the present,which are both opportunities and fetters.We must have a comprehensive and objective understanding of this.Therefore,the research content of this article mainly includes:In the introduction part,this article introduces the reason and significance of the topic selection,summarizes the current research status,research content and research methods of the online group buying market based on the literature review,and proposes possible innovations and shortcomings of this article.In the first chapter,three cases are used as the starting point for research and analysis,to find out the different problems that appear in the practice of online group buying disputes in my country,and to summarize the different judgments,put forward three controversies,and analyze the academic circles and judicial practice departments.A variety of viewpoints,while pointing out the existing problems and shortcomings,to explain.The second chapter mainly focuses on the legal analysis of the problems and disputes in the case,starting from the different understandings of the practical and academic circles,and discussing it from a more comprehensive perspective.The organizers of online group buying are not limited to the third-party platform.From the perspective of organizers with different business models and different identities,we will classify and discuss relevant legal principles.Regarding the nature and status of online group buying organizers,three different models,namely,the consumer-led group buying model,the merchant-initiated group buying model,and the professional third-party platform-initiated group buying model,will be distinguished and discussed.Regarding the legal obligations and civil liabilities of online group buying organizers,a fine distinction is made based on the differences in the three online group buying models.It focuses on the issue of the determination of obligations when the online group buying platform is used as the initiator,which can be roughly divided into three categories.When the format provided by the platform is a service of substantial content,it should assume heavier and stricter obligations to ensure the authenticity of the information provided and be responsible for it.When the format provided by the platform is a technical service,it should bear heavier legal obligations.On the other hand,online group-buying operators should have other obligations stipulated by the law for consumers.However,due to their particularity and complexity,they cannot be summed up.Therefore,there should be more reasonable explanations and arrangements for specific obligations.Regarding the issue of civil liability for online group buying platforms,it is analyzed that the infringements caused by online group buying belong to a large-scale category.Therefore,it is extended that the application of punitive damages system can better solve social problems,and protect consumers’ rights and interests is also conducive to safeguarding society.The economic order fully embodies the spirit of the social standard.In terms of the liability for breach of contract,we will again discuss the classification,and through the three divisions of the nature of the online group buying platform in the previous article,it is refined into the intermediary’s liability for breach of contract,the agent’s liability for breach of contract,and the liability for breach of contract in general trading relationships.The third chapter mainly starts from the perspective of enlightenment and suggestion,by pointing out the shortcomings of online group buying behavior in our country at this stage,and then putting forward targeted solutions.Enlightenment and suggestions include expressly stipulating the legal relationship and rights and obligations of the three parties in online group purchases,improving the conditions for market entry and exit mechanisms,establishing open and fair credit evaluation services,strengthening information disclosure supervision,improving related dispute resolution mechanisms,and balancing merchants and consumption Points of interest between the people.