Research On Legal Issues Of Online Shop Transfer

Nowadays,the network economy develops rapidly,and the new network trading mode is rising.As a new type of network trading,network stores continue to develop because of their own advantages.However,because the law of our country does not clearly define the legal attributes of network stores and the prohibition of transfer clauses of network service platforms,the disputes over the transfer of network stores are increasing.Through the analysis of relevant cases,this paper further analyzes the judicial practice of online store transfer,and puts forward relevant suggestions.This article contains four parts:The first part mainly introduces the network shop related overview.The network store is divided into enterprise store and individual store according to the different management subject.The transfer of network store in this paper is mainly the transfer of individual store.This paper mainly introduces the concept,characteristics,transfer process of network store,the difference from traditional store and the legal attribute of network store,which lays a foundation for this paper to analyze the transfer problem of network store.The second part mainly carries on the data analysis to the judicial decision case,mainly includes the case trial place,the time,the contract validity and the judgment reason four aspects,thus analyzes the legal question which causes in the judicial decision.The third part mainly analyzes the problems existing in the transfer of online stores.This chapter mainly analyzes the relevant cases to find out the problems existing in the transfer of online stores.It mainly includes the unclear identification of applicable rules for the transfer of online stores,the difficulty in clarifying the nature of the transfer contract,and the inconsistent identification of the validity of the transfer contract of online stores,etc.,and analyzes the relevant problems existing in the transfer contract of online stores.The fourth part mainly puts forward the relevant suggestions to improve the transfer of online stores in China.First,the network store transfer applicable property rights rules.It is clear that the property property of the network store;Establish a publicity system for the transfer of online stores.Second,to clarify the nature of the contract;Thirdly,it is clear that the contract of transfer of online stores is valid.Fourth,make clear the rights and obligations of all parties under the contract of transfer of online stores.