On Selling Fakes Behavior Of Online Retail Platform And Its Legal Regulation

In the background of the rapid growth of China's online transactions,the problem of online retailing counterfeit has become increasingly prominent,which has a huge negative impact on the rights and interests of consumers and infringed enterprises,and even the online retail industry.Extending of Retail behavior to the network will inevitably require extension of legal regulation to the field of network.Therefore,the online Retailing behavior of counterfeit is not only the network technology,economy or management issues,but also a serious legal issue.Topic of this dissertation is closely linked to the needs of the reality,a response of the law to online economy development problems at the same time,which not only has a certain theoretical significance but also a significant practical significance.This paper takes selling counterfeit behavior on online retailing platform as the research object,puts forward a comprehensive solution to the problem on the perspective of Direct participation subjects and the relevant supervision subjects and on the basis of the analysis of the reasons of the online selling counterfeit,When exploring the relevant legal issues,it involves the relevant theoretical hot issues,such as the natural person's business subject system and if consumers who buy counterfeit deliberately can get punitive damages;there are some problems in the field of practice,such as the development status and shortcomings of new market supervision mechanism and the online dispute resolution mechanism.Therefore,this article has not only certain theoretical characteristic but practical one.The first chapter is the introduction,which introduces the background of online selling counterfeit,research status,research methods and innovation and deficiency mainly.The first chapter is on the analysis and definition of related legal concepts;the second chapter and the third chapter are the characteristics,damages,and the causes of online selling fakes behavior,reflect the necessity and urgency of legal means to regulate the online selling fakes;the fourth chapter involves the following five aspects--the norms of commercial subject of natural person system,platform responsibility,consumers supervision,market supervision mechanism and improve the new online dispute settlement mechanism puts forward countermeasures and suggestions;the last is a summary of the full text.