网络团购若干法律问题探析
发布时间：2018-11-09 18:25
【摘要】：网络团购虽给我们带来了全新的购物体验,然而这层新鲜感的背后也伴随着诸多法律问题,使网络团购行业喜忧参半。本文根据网络团购活动的特点,从网络团购流程的各个环节入手,着重分析网络团购合同的效力问题以及团购网站经营者这一网络团购中的核心主体的法律地位和法律责任,最后站在消费者的角度努力寻求保护途径,理论结合实践,明晰网络团购中存在的各类法律问题。 本文主要从四个方面对网络团购中的法律问题进行分析：第一章,通过-则网络团购的案例反映出目前网络团购交易中存在着各类法律问题和漏洞,并借此引出网络团购的概念、特点和运营模式并加以介绍和总结；第二章,主要分析网络团购合同在合同效力上的问题,并运用现有合同法理论对其作法律分析,使网络团购合同从订立到履行整个过程中都有法可依,在遇到常见的网络团购合同效力问题时也有法可循；第三章,主要解决团购网站经营者的法律地位及法律责任问题,在为网站经营者找到概念的归属后,通过对比各个学说和观点对网站经营者作出法律上的定位,然后以契约论和安全保障义务作为切入点,着重分析团购网站经营者应承担的约定义务和法定义务,再根据这些义务进一步分析其法律责任的承担,以达到行业自治和法律调控的统一；第四章,从保护消费者权益的角度出发,针对网络团购中存在的各种问题进行分析,再从行业自治和政府调控两个方面逐一解决,以完善目前比较混乱的网络团购市场。
[Abstract]:Although the online group purchase has brought us a new shopping experience, there are also many legal problems behind this fresh feeling, which makes the online group purchase industry mixed. According to the characteristics of the online group purchase activities, this paper starts with the various links of the network group purchase process, and analyzes emphatically the validity of the network group purchase contract and the legal status and legal responsibility of the network group purchase website operator, the core subject of the network group purchase. Finally, from the consumer's point of view, try to seek ways to protect, theory combined with practice, clear all kinds of legal problems in the network group purchase. This paper mainly analyzes the legal problems in the online group purchase from four aspects: chapter one, through the case of the online group purchase, reflects that there are various legal problems and loopholes in the network group purchase transaction at present. The concept, characteristics and operation mode of network group purchase are introduced and summarized. The second chapter mainly analyzes the problems of the contract effectiveness of the online group purchase contract, and applies the existing contract law theory to make the legal analysis of the network group purchase contract from the conclusion to the performance of the whole process. In the face of common online group purchase contract effectiveness problems, there are also laws to follow; The third chapter, mainly solves the legal status and the legal responsibility of the website operator, after finding the concept attribution for the website operator, makes the legal position to the website operator through the comparison each theory and the viewpoint, Then the contract theory and security obligations are taken as the starting point to analyze the contractual obligations and legal obligations of group buying website operators, and then to further analyze their legal liability according to these obligations. To achieve the unity of industry autonomy and legal regulation; The fourth chapter, from the angle of protecting consumers' rights and interests, analyzes various problems existing in online group buying, and then solves them one by one from two aspects of industry autonomy and government regulation and control, in order to perfect the current chaotic network group buying market.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923
本文编号：2321208
[Abstract]:Although the online group purchase has brought us a new shopping experience, there are also many legal problems behind this fresh feeling, which makes the online group purchase industry mixed. According to the characteristics of the online group purchase activities, this paper starts with the various links of the network group purchase process, and analyzes emphatically the validity of the network group purchase contract and the legal status and legal responsibility of the network group purchase website operator, the core subject of the network group purchase. Finally, from the consumer's point of view, try to seek ways to protect, theory combined with practice, clear all kinds of legal problems in the network group purchase. This paper mainly analyzes the legal problems in the online group purchase from four aspects: chapter one, through the case of the online group purchase, reflects that there are various legal problems and loopholes in the network group purchase transaction at present. The concept, characteristics and operation mode of network group purchase are introduced and summarized. The second chapter mainly analyzes the problems of the contract effectiveness of the online group purchase contract, and applies the existing contract law theory to make the legal analysis of the network group purchase contract from the conclusion to the performance of the whole process. In the face of common online group purchase contract effectiveness problems, there are also laws to follow; The third chapter, mainly solves the legal status and the legal responsibility of the website operator, after finding the concept attribution for the website operator, makes the legal position to the website operator through the comparison each theory and the viewpoint, Then the contract theory and security obligations are taken as the starting point to analyze the contractual obligations and legal obligations of group buying website operators, and then to further analyze their legal liability according to these obligations. To achieve the unity of industry autonomy and legal regulation; The fourth chapter, from the angle of protecting consumers' rights and interests, analyzes various problems existing in online group buying, and then solves them one by one from two aspects of industry autonomy and government regulation and control, in order to perfect the current chaotic network group buying market.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923
【参考文献】
相关期刊论文 前3条
1 余楠;徐秀龙;;电子商务中的消费者权益保护[J];湖北教育学院学报;2007年05期
2 袁菲;;析未成年人的电子合同缔约能力[J];人民司法;2009年11期
3 陆心渊;;网络团购中的消费者权益保护问题[J];商业文化(上半月);2011年10期
，本文编号：2321208
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