Discuss The Nature And Transfer Of Online Stores

As an online virtual property,online stores were prohibited from being transferred by online service platforms until March 2019,but their actual transaction needs have led to a widespread phenomenon of private transfer.This kind of private transaction that cannot change the identity authentication of online stores has led to a series of disputes,and court rulings have also resulted in different judgments on such disputes due to the lack of legislative guidance.Although online service platforms allow online stores to negotiate changes after March 201 9,there is still a lack of necessary legislative guidance on the nature of rights and the legal relationship of the transfer of online stores.This article explores the above two aspects through the following five chapters.The first chapter explains that online stores belong to online virtual property.Firstly,clarify the status of online virtual property as an object of civil rights in the Civil Code through systematic interpretation.Secondly,by sorting out the academic debate on the relationship between claims and property rights of online virtual property,it is demonstrated that online virtual property rights have property rights attributes.Finally,by summarizing the measurement standards of online virtual property,it is concluded that online stores belong to online virtual property.The second chapter analyzes the two ownership items included in the online store.Through the theory of original acquisition,it is demonstrated that network service providers have ownership of the initial network space of online stores;By introducing the theory of electronic business assets,it is demonstrated that online store operators have ownership of the accumulated electronic business assetsThe third chapter points out the necessity of balancing the interests of both parties through legislation.The ban on the transfer of online stores has led to an imbalance in the interests of both parties,and the industry rules have also led to the phenomenon of different judgments in judicial decisions.Legislation needs to design a more reasonable and fair system for the operation of online storesThe fourth chapter demonstrates the necessity and feasibility of establishing usufruct of online stores.By introducing the legal lease right and the shop floor right generated to protect the business assets of the operator in the entity commercial lease,it is pointed out that the shop floor right,as a usufruct,is more referential to the rights and obligations of both parties in the online store business.The fifth chapter discusses the effectiveness of usufruct in online stores,the way of transfer and the legal effect.This paper analyzes the rights and obligations of the online store operator and the online service platform provider,and how the operator transfers the usufruct of the online store to the transferee.