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The Structure of Legal Relations in Online Transactions
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作者 Yang Lixin 《Social Sciences in China》 2017年第4期103-119,共17页
As the civil law expression of internet plus transactions, the legal relations in online trading platform transactions constitute a complex aggregate of legal relationships composed of groups of legal relations. Speci... As the civil law expression of internet plus transactions, the legal relations in online trading platform transactions constitute a complex aggregate of legal relationships composed of groups of legal relations. Specifically, they consist of three basic interlinked legal relationships: Contract relations for online trading platform services between the platform provider and the seller or service provider, and between the platform provider and the consumer. This includes the sales or service contract relations between the triad of the seller, the service provider and the consumer. These relations contain five kinds of major content, viz., the provision of transaction space, the publishing of transaction information, price escrow payment, distribution and delivery of the commodity, and transaction credit evaluation. They involve three forms of supplementary legal relations: the supplementary contract relationship between the platform provider and a third party payment institunon; between the seller and third party credit reporting agency; and between the seller and a logistics enterprise. The three forms of supplementary contractual legal relations are set up to act on the major contents of the basic legal relationships in online transactions. On the basis of the online trading platform service contract relationships between the platform provider and the triad of the seller, the service provider and the consumer, the flow of the above- mentioned legal relations centers on the contract of sales or service set up between the seller, the service provider and the consumer to accomplish the aim of the online transaction, meet social needs and boost economic development. 展开更多
关键词 internet transactions online trading platform intemet plus legal relations incontract
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