| As a new thing, online shopping rebate develops rapidly with its unique charm in recent years. It brings great convenience to customers in their shopping process. However, it also hides many problems which have become a stumbling block to restrict the development of network rebate market. The emergence of these problems, from another point of view, reflects China’s huge defects and deficiencies in the legal regulation of the online shopping rebate. In this regard, we should strengthen the relevant legal system construction and perfect the supervision system of online shopping rebate to protect the legitimate rights and interests of customers from being infringed and to win a good space for the development of China’s online shopping market rebate. The healthy development of online shopping rebate industry has important practical significance for the construction of online shopping in China.Compared with the ordinary online shopping, online shopping rebate website has its own unique marketing model, which is independent of the network consumers and the malls. It is the third party shopping platform and its main marketing mode is the "rebate". Unlike most of the electricity supplier which is in the state of long-term negative profit, online shopping rebate website attracts the attention of a large number of venture investors with its asset light business model, not involved in assets operational aspects like warehousing and logistics and other assets, and only pay attention to shopping guide. However, there are also many problems. The online shopping rebate has unique legal status and legal relationship. However, scholars have been arguing about what is the legal status of the online shopping rebate. At present, the intermediary theory has been supported by many scholars. The relationships between online shopping rebate website, mall and network consumers are different from traditional business services relationship. To rationalize the special relationship between the three parties is important for the regulation of online shopping rebate.At present, China’s online shopping rebate legal laws and regulations also have many problems, specifically the relevant laws are backward; the legal system is not perfect, the legal supervision is difficult and so on. The online shopping rebate belongs to emergingnetwork marketing model. It has been recognized and accepted by more and more people in recent years with the rapid development of online shopping. Coupled with a lot of problems of rebate, all kinds of behavior, like unfair competition, illegal pyramid schemes and illegal fund-raising and other acts of disrupting the market order has occurred. All of these internal and external factors have become an important factor restricting the development of online shopping rebate.Compared with the operation of foreign Online shopping rebate and the relevant regulations, we found that the online shopping rebate of the United States, Britain, Japan and other countries are more mature, their rebate market are more stable after ten years of development. Online shopping rebate of the legal regulation system has been basically established. Although national regulations are slightly different, they have done a very detailed processing in the rebate site responsibility, supervision system, the special protection of the interests of consumers. We should learn from them.Currently, China’s online shopping rebate development is just beginning, many aspects are not mature enough, and legal regulation is also lagging far behind the reality of the development. Therefore, it is necessary to strengthen the construction of relevant laws and regulations. First of all, to improve the net rebate market regulation, especially on the supervision of access and exit mechanism of online shopping rebate website. These need the joint efforts of relevant government departments and industry self-regulation organizations. Secondly, a clear responsibility for the rebate website is necessary. For the Online shopping rebate, special regulations have not yet formed, online shopping rebate website responsibility has become a difficult problem in judicial practice. Finally, the protection of the interests of consumers in the online shopping rebate is most in need of attention. Consumers are in a weak position in online shopping rebate. Their rights and interests are vulnerable. Once the consumer interests have not been effectively maintenance, online shopping rebate market will not get healthy development. Our country should learn from foreign countries’ mature experience and improve the legal regulation of the rebate based on the characteristics of China’s online shopping rebate. |
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