| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === Recently，modes of consumptions have gradually changed. From the classical one to one consumption at real shop to online electronic commerce and to mass consumption on the internet, a new mode of commerce has formed as Group-buying. This new mode of consumption, by virtue of the feature of system price for mass amount, not only satisfies the demand of consumers to buy at comparatively low prices but creates a rather new strategy of promotion for enterprises. With business prospects and capital flow created, the Group-buying constitutes new way to transact in electronic commerce market that aim for a win-win.
There are usually time and quantity limits on Group-buying imposed by enterprise or business owner such as bonus validity period of time or special price for set amount. Under such pressure, both consumers and initiators of the buying usually rush to either participate or initiate a group, and establish a rapid or fast food consuming habit. And due to its late existence, there are numerous issues with regard to this new consuming mode. For instance, buyers of the group may dispose their bid, initiators may profits from the group, and groups may buy fakes or foreign products. And it’s blurry to distinguish such new consuming mode from surrogate shopping via internet, which may lead to misunderstandings and disputes. In addition, as finding the non-defect products or services delivered to them in accordance to the distant contracts different from what have been expected, don’t fit, or not conform to what have been revealed by the business owner, consumers may not be entitled to claim for product defect warranty. Besides, it is unlikely that consumers would seek for legal remedy for products or services usually of low values at expenses of time and effort required by legal proceedings of Taiwan.
Despite there are some references that had discussed on Group-buying, most of them are analysis made on business modes, promotion approaches or economic effect of it. With regard to legal relations of the group and attribution to liabilities and other issues, researches and opinions of litigation practices are rare and limited considering the rapid and diverse development of the Group-buying. Hence, under the structure of real operation of group buying , the study tries to propose the current feature of the online Group-buying and its transaction procedure, analyze its inner and outer relations with named or unnamed contracts of Civil Law, and apply Consumer Protection Law. Accordingly, the study will identify each issue and dispute. With reference to foreign legislation, the study aims to provide interpretations and solutions to those issues and disputes. Looking forward to more discussions, hopefully the study could make some contribution to establishing a win-win and vibe E-commerce transaction environment that gives consideration to both consumers and business owners.
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