The Research On The Civil Liability Of Group Buying Website Operators

Online group buying has been developing in China in recent years,which has occupied a considerable part of the market in most cities in China.taking advantage of the Internet information dissemination makes traditional group-buying model coruscate gives new vitality,especially in the group as a professional third party subject to participate in the trading of further promotes the development of the network group buying.In bring so much good to the market at the same time,the network group buying itself trading risks,and the complexity of the legal relationship caused by the disputes emerge in endlessly,for our country judicial practice as well as the protection of consumers' legal rights and interests have brought great challenges.Among them,the lack of precise definition of group-buying legal status determination,as well as to the liability for breach of contract and tort liability imputation principles and bear the way of fuzzy and undistributed is the main reason lead to this dilemma.This paper is divided into four parts to discuss the nature,identification and methods of civil liability of group-buying websites in China.First combined with the development of China's online group-buying evolution and related legislation and the judicial status quo,based on the network of network group buying deals practice,the concept and connotation of group-buying business operators to comb,and to its direct participation and indirect participation and navigation platform of the typing.Secondly,on the basis of typo differentiation,the legal relationship between online group purchase and the legal status of group-buying network operators are defined in the transaction.It is found that the direct transaction type of group-buying website operators and business identity should be regarded as the seller of the contract.The group buying website operators of indirect transaction types shall be regarded as agents of the merchants;The operator of the group buying website of the navigation type platform should be understood as the lessor of the billboard leasing contract.Again,on the basis of the above discussion combined with the concrete practice,the group operator is the nature of the liability for breach of contract and tort liability,imputation principles and bear the way system,found in large differences between different types of group-buying site operators.Finally,the liability for breach of contract and tort liability to compensatory and punitive principle,responsibility for two kinds of application in practice and discusses some problems and perfect the route for reference.It is found that the liability for breach of contract and the liability of tort should be based on compensatory and special circumstances.In practice,the assumption of liability for breach of contract and the widely used joint liability identification method have many disadvantages.Aimed at the defects of this paper improve the route to the unjust enrichment return the responsibility and illustrates the feasibility of unjust enrichment return the responsibility be hold strong sex,wide applicable scope,bear way clear,the advantages of the stronger protection for the consumer,can effectively realize the network deals fair and the efficiency of the security,is worth us to draw lessons from them.