Legal Regulation Of The Order Of China's Idle Goods Trading Platform

With the increasing of national purchasing power and changes in consumer attitudes,the number of personal idle items is increasing,and the traditional flea market has gradually recovered in recent years.According to the Xianyu operation data of the second-hand trading platform released by Alibaba,the Xianyu has a total of 100 million users and 170 million pieces of trading goods.Products such as shoes,clothing and mobile phones are the main products of the second-hand market.Compared to cumbersome seller authentication of e-commerce vendors,registering as a seller on the idle item trading platform is very simple and fast.Second-hand item trading is the most typical C2 C transaction.Personal pricing,price negotiation and difficulty in supervision have given fake products sellers chance to fish in trouble water.Ali scrambled to establish the platform management department to get rid of counterfeits in Taobao and has withdrawn a large number of sellers,but it plagues the secondary market.A large number of counterfeits that had been stationed in Taobao have flown into the secondary market where the threshold is low and the supervision is loose.As the second-hand transaction complaints is increasing,this article intends to analyze the domestic and foreign legal supervision of the C2 C platform to improve the situation of the more typical C2 C platform — idle goods trading platform,build risk prevention and dispute resolution legal mechanism.The introductory part explains from three aspects: First,under the background of the lack of supervisory control over the dragon and promiscuous mixed-stock tradingplatform,it is proposed that the market order needs to be regulated;then the purpose of the research of this paper is put forward,the existing problems of the platform are analyzed,and it is proposed that foreign regulatory experience should be used for reference to protect the interests of all parties;Finally,we point out that this article uses comparative analysis and literature analysis,and draw on the advanced experience of the comparative law to propose measures to improve the supervision of idle goods trading platforms.The first chapter puts forward the existing problems and reasons of the idle item trading platform.Including Taobao's withdrawal of counterfeit goods flown to the trading platform for idle goods,illegal trades prohibited by law,evidence of retention and uncertainty in identification standards,and disputes over quality issues,buyers' rights and interests are difficult to guarantee.The above problems are mainly due to the domestic legislation on the secondary trading market lagging behind,inadequate supervision of second-hand trading platforms,the lack of government supervision,and imperfect personal credit system.The second chapter mainly introduces regulation and experience in governance of C2 C platforms and markets.According to the laws and regulations of the United States,Japan,the United Kingdom,France and other countries,it's possible to provide governance ideas for China's idle goods trading platform supervision.The third chapter puts forward suggestions to improve the supervision of the idle goods trading market in China from three aspects: legislative principle,governance and platform responsibility.In terms of legislation,the author proposes to formulate the measures for the administration of second-hand trading markets,retain the contents of the Rules for the Management of Second-Hand Goods Market,refine the market classification,and use the relevant provisions of Advertising Law when publishing transaction information.In addition,the mechanism for the identification and recognition of electronic evidence in the procedural law should be clearly defined,including the fixed method of electronic evidence and the fair mechanism of electronic evidence.In terms of market supervision,the government should clearly define the functions of supervision departments and supervision,strengthen dailysupervision,accelerate the construction of a social credit system,incorporate morality into the scope of legislation,establish a unified credit evaluation standard,strengthen logistics regulatory audits,and implement small-sum litigation procedures.Online dispute resolution mechanism.In terms of platform construction,the author proposes to increase the market access threshold and eliminate profitable sellers;impose mandatory real-name authentication for online transactions;cooperate with manufacturers to ensure the quality inspection work of specific companies and strengthen the monitoring of illegal and irregular business activities.The last part of the article is the conclusion of this article.Idle goods trading platform is a flexible C2 C platform.In order to maintain market order,we must not only consider the market activity and freedom,but also strictly regulate the illegal activities on the platform and the lack of legal regulations.The theory is proposed.Still need to cooperate with practice to verify.