The Research on Consumer Rights and Interests Protection in the Online-Group-buying
|School||Fujian Normal University|
|Course||Civil and Commercial Law|
|Keywords||Online-Group-buying group-buying websites consumer rights contractrelativity|
With the rapid development of internet economy, the Online-Group-buying as a new form of online shopping receives more and more attention from consumers. Today’s emerging Online-Group-buying is a new business mechanism, which presents a special combination of electronic business operators, consumers and group-buying websites. Many consumers are attracted by the extremely low discount, while group-buying websites and business operators take advantage of this new sales model to win business opportunities. Because online group buying is highly efficient, convenient, and low cost, it emerged in foreign countries and became more and more popular in many cities in China. In China, regarding the latest emergence of Online-Group-buying within the past three years, the legislation of e-commerce and consumer protection lag behind. Therefore, the current laws cannot couple with the needs in resolving the increasing disputes of online-group-buying, which obstacles the development of online-group-buying. In the area of e-commerce, especially in the online-group-buying field, the legislation of consumer rights protection needs re-examination. Being aware of this issue, this paper analyzed the legal relationships among online-group-buyers, group-buying websites and business operators, from the perspective of online-group-buyers. This paper analyzed the traditional problems that the buyers encountered during the transaction process, and the special problems of online-group-buying. This paper suggest that when buyer makes full payment to the group-buying website, online-group-buying legal relationships should break through the contract relativity and be integrated in a larger framework. This paper introduced the principle of contract relativity breakthrough and proposed recommendations to protect and promote healthy development of online group shopping, and to constantly improve its rules and standards.