WeChat Membership Card Legal Relation Research

The WeChat membership card, as an emerging virtual membership card, is widely used in the consumption of goods and services. The starting point of this paper is to discuss the WeChat membership card from the perspective of the law and to solve problems that occur during the implementation. With disputes of the WeChat membership card as the breakthrough point, Firstly, the thing is to clarify the definition of the WeChat membership card and related concepts. WeChat membership card is not a narrow concept, It includes the WeChat membership card, the membership card which is got by consumers through scanning businesses’ WeChat two-dimensional code and the membership card which is received from the WeChat public platform to be stored in WeChat card package and so on.The biggest difference between the WeChat membership card and the traditional membership card is that the WeChat membership card take the virtual electronic data as a proof of the legal relationship. And compared with Taobao, WeChat operators do not have a guarantee from the third party. Secondly, as the WeChat membership card contract in practice is rather complex, it is necessary to sort out the relationship of complex subjects.Discrimination between the simultaneous contract and the mixed contract as well as between the agency contract, the trading-trust contract and the brokerage contract is controversial in academic circles. And through the analysis of different views, it believes that the WeChat membership card contract is a service contract with the nature of the intermediary. Thirdly, by the study of complex objects, it believes that a series of contracts concluded with the WeChat membership card at the core, by nature, should be both continuous and simultaneous contracts. Finally, Under the premise of the nature of the contract, this paper further analyzes the main rights and obligations of the members,WeChat operators and marketing businesses under those circumstances that are easily involved in disputes, that is, the WeChat shopping, WeChat payment and collection and gifts.The article mainly uses the following three methods. First, it is the method of comparative study. It is used in defining the WeChat membership card. The author makes an integrated comparison on the WeChat membership card with a traditional membership card, a taobao card and a group membership card in terms of the number of properties. And a comparison for differences is made on them in terms of targets. Secondly, the method of system is discussed. The whole paper is to study those problems in a system instead of taking it as a single one.That is to say, the paper is written closely around the systematic theory of the legal relation on the WeChat membership card, respectively from the basic concept, legal nature, objects and subjects as well as rights and obligations of the parties.Third, it is the method of literature review. In this paper, scholars’ points of view in classic are summarized and taken as the powerful argument.Financial management scholars have put forward many constructive suggestions on O2 O, electronic card and other related patterns about the virtual card. But a systematic study of the legal relations on the WeChat membership card from the perspective of law remains blank. As a result, the innovation of this paper is mainly reflected in the following two aspects: first, the conception is innovative. With disputes about WeChat membership card as the breakthrough point, the paper summarizes the WeChat shopping, WeChat payment and collection and gifts services that easily give rise to disputes. Then, the paper further studies relevant theories of the legal relationship on the WeChat membership card.Second, views are innovative. Based on the different theories of scholars, the nature of the WeChat membership contract is defined. Combined with three kinds of typical specific disputes in social practice, the paper summarizes the special rights and obligations of the parties involved in the WeChat membership contract, thus providing a theoretical basis for a variety of problems in the process of consumption services.At present, a great many part of the WeChat shops are still lack of standardized business real-name authentication. This business pattern lacks the credit guarantee of the third party trading platform in the process of network transaction and simply relies on friends to build a marketing mode without the business license issued by the administrative department for industry and commerce as well as the evaluation mechanism for lack of the third party supervision. Such transactions simply based on friendship and trust from friends are risky. At the end of last year, collection and gifts became popular. Compared with the traditional advertising model, because of its low cost, fast transmission and other characteristics, it is used by businesses in the circle of friends frequently. But there were severely dishonest behavior in the “collection and gifts” activities. Businessmen, through false propaganda, exaggerate the content and amount of gifts to tempt members in WeChat to spread continuously so as to produce the advertising effect and gain indirect economic benefits. Therefore, it’s necessary to conduct an in-depth study of WeChat membership card from a legal perspective. This paper does not claim any legislative tendency, but only through the analysis of the legal relationship, under the existing legal framework, settle the predicament faced in the process of the implementation and help its application.