The Improvement Of The Internet Action Legal Rules

The internet auction legal issues on the whole belongs to a branch of e-commerce legalissues, at the same time also belong to the specific provisions of "contract law", which is akind of special trade form. In2012the dispute of first case of judicial internet auction alsoneeds extensibility of thoughts in law. Since eBay became the first famous Internet auctionplatform, online auction business around the world have developed rapidly, and this even inthe very great degree broke the monopoly of the traditional auction industry which hashundreds of years history. With the popularity of the Internet in PRC, it has become thecountry with the most Internet users in the world. Moreover, the network auction business isalso very hot in PRC, but behind the boom in online auctions, there is a lot of controversy. Atpresent, the definition for internet auctions, the mainstream view in PRC is that the networkauction is just a traditional auction on the same kind of expression form in different media.However, foreign countries generally in the discussion that the internet auction whethercalled auction? On this dispute resolution, some countries and regions are directly modifyingthe auction law and incorporate the internet auction into the regulation range of auction law,meanwhile other countries and regions are strict interpretation of the old auction law todiscriminate between internet action and traditional auction. The author thinks that, under thestrict legal logic reasoning of continental law system, and to appropriate regulatory internetauction in our country, internet auctions law must separate the legislation from the traditionalauction, or it should belong to the general electronic commerce legislation as a speciallegislation. Due to the internet auction is still in the early stage of development in our countryat present, the author thinks that it is necessary to investigate the perfection of the internetauction legal relationship and the main body qualifications rules, the establishment and thecancellation rules of the internet action contract and the risk prevention of the internet action.Currently, internet auction is existing fraud, selling contraband, gambling auctions, thesebehaviors have significant social risks, and it is need for special precautions. In addition, forprotecting the interests and the rights of bidders, it should be through to legislate of internetauction, to give online auction bidder a "consumers" status, and for the special networkauction which cannot obtain the status of "customers" should be clearly outlined in the legislation.Finally, this article concluded that, the internet auction compared to traditional auctionhas significant legal difference, and it need to pass legislation to regulate the internet action.Especially it need to coordinate the relationship between the internet auction and the auctionlaw, and the relationship between the Consumer Protection Law, at the same time regulatesome specific standard norms for the internet auction in order to mediating dispute.