Research On Legal Issues Of Overseas Purchasin

With the economic globalization and the vigorous development of e-commerce consumer industry,overseas purchasing has risen rapidly as a new way of shopping.People can buy a variety of low-priced goods from all over the world with only a mobile phone.Overseas purchasing has become an indispensable way of shopping in people’s life.However,there are no special laws regulating overseas purchasing as a new method of shopping,and disputes of breach of contract and infringement occur frequently between purchasing agents and consumers.Due to the instability of overseas purchasing and the lack of relevant laws,the rights and responsibilities of all parties in the purchasing process are not clear,and consumers are in a relatively weak position in every link,and their rights such as the right to fair trade,the right to safety protection and the right to claim compensation are easily infringed.Therefore,in order to ensure the stable development of overseas purchasing agents,it is very necessary to explore the really legal relationship of overseas purchasing agents and the rights and responsibilities of each party.Industry purchasing agent is the continuation and breakthrough of the traditional buying and selling relationship and the entrustment relationship.It is a new transaction mode in the Internet era.The legal relationship of overseas purchasing agents has always been the focus of disputes in purchasing agents disputes.How to define the legal relationship of overseas purchasing agents is also the basis and premise for dealing with overseas purchasing agents disputes and clarifying the rights and responsibilities of all parties.The qualitative difference in the legal relationship between overseas purchasing agents will lead to great differences in the rights of consumers and the responsibilities of purchasing agents.In order to prevent purchasing risks,standardize and improve the order of purchasing industry.It is necessary to analyze the legal relationship between different purchasing behaviors.There are various forms of overseas purchasing.According to the academic circle,it can be roughly divided into the following modes according to whether the purchasing party has acquired the ownership of the commodities: One is that the purchasing party buys the commodities overseas in advance,has acquired the ownership of the commodities,and then sells them in China;The other is that the buyer through communication and negotiation with the purchasing party,designated to buy goods,and then by the purchasing party.This paper will start with the cases of two different purchasing modes.The first part mainly introduces the basic case,summarizes the focus of dispute in the two cases,and leads to the discussion below.The second part mainly analyzes the two different purchasing modes,clarifies the nature of the case,and determines the legal relationship between the two purchasing modes,which lays the foundation for the elaboration of the different rights and responsibilities of the parties in different purchasing modes.The third part further analyzes the rights of consumers in different purchasing modes and the responsibilities and obligations of purchasing agents;Finally,it discusses the responsibility of network service platform in purchasing disputes.