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随着网络团购成为一种新型的商业消费模式的发展,专业的团购网站模式已经成为网络团购的主导模式。可是由于目前对团购网站法律地位的定位不一,当发生消费纠纷时,责任主体的不确定成为目前的一大难题。这一问题不仅给消费者造成维权难的局面,同时对网络团购的发展和进步也有不利的影响。本文通过分析专业团购网站的运营模式和梳理总结目前团购网站在团购交易中的法律定位的学说,提出需要根据团购网站与商家的具体协议,依照相关法律规定对团购网站的法律地位来进行分析和界定。同时在相关法律法规中应明确规定,团购网站具有在服务协议中明确规定其与商家的关系的义务。
With the development of online group buying as a new type of business consumption model, the professional group buying website model has become the dominant mode of online group buying. However, due to the current position on the legal status of Group buy site is different, when consumer disputes occur, the main responsibility for the uncertainty has become a major problem. This problem not only creates difficult situation for consumers, but also adversely affects the development and progress of internet group purchase. Based on the analysis of the operation mode of professional group purchase website and the theory of group purchase site legalization in the group purchase transaction, this paper puts forward the need to analyze the legal status of group purchase site according to the specific agreement of group purchase website and merchant Defined. At the same time in the relevant laws and regulations should be clearly defined, buy site has a service agreement clearly stipulates its relationship with the business obligations.