| Merchants on online shopping platform are the main subject of onlinecommodities and service trading. Their existence plays an important role in not onlyabsorbing employment and maintaining online shopping platform’s reasonablecompetition mechanism but also protecting consumer’s right of choice and pricebenefit. Between the merchants and the providers of online shopping platform exists aonline trading platform service contractual relationship, both parties are the marketentity which have equal status and are independent of each other. They should havevoluntarily negotiated and agreed the right-duty relation of both parties tomaximizing the benefits through the equal civil and commercial relations. However,online shopping platform’s continuous control to the settled merchants, the formality,continuity and incompleteness of the contract between them, the strong dependence toplatform providers caused by the merchants’ specific investment to online shoppingplatform after the establishment of contractual relation and other reasons caused theactual imbalance and beneficial inequality between them. The settled merchants are ina weak position and their rights are easily infringed. Only both parties are in a benefitbalanced transaction condition could they maintain the cooperation proceed smoothlyunder the drive of common benefits and then maximize the benefits. So the settledmerchants on online shopping platform are in urgent need of legal protection.At present, the problem of online shopping platform settled merchants’ rightprotection has not been getting attention. Because of ingrained concept thatproprietors are in strong position while the consumers are absolutely weak, the coreof protection is focused on consumers whether legislation or practice. It happens to beignored that in the transaction between the settled merchants and the providers ofonline shopping platform, the position of settled merchants is greatly similar to that ofconsumers in the transaction between merchants and consumers. The weak positionof economy negotiation and information occupancy makes the realization of thesettled merchants’ benefits stay in a extremely uncertain condition. So in order torealize the beneficial balance between settled merchants and providers of onlineshopping platform, it’s necessary to carry out inclined protection by law. But so far we doesn’t have any research on the protection of settled merchants’ benefits, and inlegislative layer, the law system is incomplete to provide effective protection for thesettled merchants’ right.Therefore this thesis, use the trading relationship between settled merchants andproviders of online shopping platform as the research scope, take the settledmerchants’ benefits protection as a point of penetration, and considers that the settledmerchants have a rights group includes the insider right, participating right, fairnesstrade authority, transaction safety right, enjoying service right, claim right,supervision power, renewal rights and other rights under the support of onlineshopping platform settled service agreement and faith obligation. However when theplatform settled merchants face the violations that the platform providers unilaterallyrevise the contracts according the service agreement, arbitrarily change the content ofthe renewal service agreement, improperly use margin rules, abuse of managementrights etc, they couldn’t effectively protect their benefits simply rely on the constraintmechanism of the market itself of contracts, reputation, risk etc. So it is necessary forthe law to step in to the trading relation between online shopping platform providersand settled merchants as a direct means, establish a multi-level protection system withlegislative protection, administrative protection and trades protection. Each systemimproves and promotes each other, comprehensively and effectively protects the legalbenefits of settled merchants on online shopping platform. |
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