Research On Legal Issues Of Online Shop Transfer

With the development of the Internet and the rise of online shopping,online shops have widely existed,and there has also been a real demand for a large number of online shop operators to transfer online shops due to exiting operations and other reasons.However,the service agreement signed between online platform service providers and online shop operators represented by the "Taobao Seller Service Agreement" clearly prohibits private online shop transfers between online shop operators.In the face of disputes over the transfer of online stores in practice,the courts have made different judgments based on different perceptions of the object attributes of online stores and different definitions of the rights of operators as property rights or creditor’s rights.To this end,this article is based on the analysis of the legal attributes of the rights of online shop operators,and explores whether the online shop is transferable,and how to regulate the transfer of the online shop if it is certain that the operator has the right of disposal.This article is divided into four parts except the introduction,the main contents are as follows:The first part sorts out the judicial status and unresolved issues of disputes over the transfer of online stores.In judicial practice,as far as the judgment of online store transfer disputes is concerned,there are mainly "the rights of online store operators belong to the property rights,and the transfer of online stores is legally effective","the rights of online store operators belong to creditor’s rights,The transfer is not legally effective without the consent of the network platform service provider.In the face of different judicial judgments,for online store transfer disputes,it is necessary to resolve the issue of whether the online store is transferable on the basis of clarifying the legal attributes of the rights of the online store operator;if the online store is transferable,then further thinking is needed How to design the transfer regulatory measures for online stores to protect the interests of online store operators,online platform service providers,consumers and other related entities from harm.The second part clarifies the legal attributes of the rights of online shop operators.Clarifying the legal nature of the rights of online shop operators is the basis for resolving disputes over the transfer of online shops.In judicial practice and theoretical theories,there are various claims,property rights,intellectual property rights,new property rights,etc.Views,different opinions have different identifications on the attributes and scope of the rights of online shop operators.Various viewpoints have some flaws in determining the legal attributes of the rights of online store operators: the creditor’s rights theory ignores the operator’s labor creation of the value of the online store’s property;after all,online stores are different from traditional things,and the property rights theory ignores the effect of online stores on the Internet.The strong dependence of the cyberspace created by platform service providers;the intellectual property doctrine ignores the inconsistency of online shops as emerging intellectual property rights;the new-type property right doctrine ignores the need to resolve and guide the actual needs of the current online shop transfer disputes.Therefore,based on the need to determine points to stop disputes and maintain transaction order,and on the basis of combining the uniqueness of online stores,the author intends to propose a new theoretical model to analyze and discuss the ownership of online stores,that is,online store operators’ opinions on domain names,etc.Technical services enjoy creditor rights,and real rights to intangible properties such as goodwill.The rights of online shop operators are comprehensive rights that combine creditor’s rights and real rights.The third part justifies the transferability of online stores.What cannot be ignored in the punishment of online shops is that the creditor’s rights and real rights in the rights of online shop operators are inseparable,and the creditor’s rights and real rights can only be dealt with together.However,creditor rights and real rights are diametrically opposed to whether online stores are transferable.Therefore,the two types of rights should be weighed and compared in the punishment of online stores,and the two evils should be selected by the lesser of two evils.Transfer rules for small online shops.The strict restrictions on online store transfer rules corresponding to creditor rights are to protect the interests of the creditor’s online platform business from harm.Therefore,we can respect and protect the needs of operators to freely transfer online stores on the basis of fully protecting the interests of creditors.In online shop transfer disputes,the function of disposition of property rights should not be hindered by creditor rights.In addition,allowing the transfer of online stores can meet the large number of online store transfer needs in reality,and can promote the prosperity and development of the online store trading market through circulation,so online stores are transferable.The fourth part clarifies the regulation of online store transfer behavior.The rights of online shop operators are comprehensive rights with both property rights and creditor’s rights.In the transfer of online shops,corresponding transfer rules and risk prevention and control rules should be designed for the two rights.On the one hand,the transfer of online stores includes the transfer of property rights.Therefore,considering the special attributes of online stores,the author believes that the rules of ownership changes for online stores can refer to the applicable real estate transfer registration changes.In addition to delivering the account and password to the assignee,the transferor also needs to change the information of the right holder of the registered online store and publish the change information on the homepage of the online store.It can be deemed that the transfer registration of the online store has been publicized and the property rights have changed.Effectiveness.On the other hand,the transfer of online stores also includes the transfer of creditor rights.Therefore,the rights and interests of creditors and consumers should be fully considered in the transfer of online stores.The author believes that the real-name authentication system,the credit qualification review system,and the deposit system can be used.Ensure that the rights of creditors and consumers are not harmed,so as to realize the benign operation of the online store transfer order.