Theory Of Personal Online Stores Civil Litigation Subject Qualification

In Shanghai Huangpu District Court cases August 2010, the plaintiff Shu stated he founded the network of shops selling clothes and bags in Taobao 2005.But since may 2009,someone attacted on his shop in the internet. It affected the credibility of the shop. After the plaintiff repeatedly complainted to no avail,he sued the Hainan Tianya Online Network Technology Co.Ltd. The plaintiff stated the online shop belonged to the nature of individual industry, he as the shopkeeper had the right to advocate the reputation. After hearing,the judge decided that, the online shop did not have the business registration, so it did not belong to the nature of individual industry and it did not have the qualification of civil subject. The “LL” online shop did not belong to the legal civil subject, so it could not enjoy the right of reputation. The court dismissed the action. In neither case of appeal,the case verdicted. Although the verdict is already in force, but there still have questions to answer. I submint that the judgement is wrong. The judge not only deprived of the reputation of the personal network store,but also confused the relationship between the the rights of the personal network store and registration..Firstly, we should study the relevant provisions on the subject of litigation in China. Secondly, the plaintiff rejected prosecution reason is the scope of unregistered individual net inn is not in the legal provisions of the main body.In development of electronic commerce,we need to study the legal status of the personal network store. Finally, the writer study the legal status of the personal network store, and suggest it should give the personal network store the commercial subject qualification.And the writer will analysis of the judge should sue the law to protect the rights of the parties.