电子商务平台账号权属的法律研究

Legal Research on Account Ownership of E-Commerce Platforms

摘要: 随着互联网的迅速发展，以及前几年疫情对实体经济的冲击，线上直播、电商行业焕发生机，电子商务平台账号的经济价值凸显，各方主体对账号权属之争愈演愈烈，而各方主体对于拥有大量粉丝的电子商务平台账号的权属之争，本质上是对账号所代表市场经济价值的归属之争。但电子商务平台账号的法律性质未能明确界定，加之法院裁判规则不统一，导致其权属争议不断，亟需明确电子商务平台账号权属的相关法律问题。笔者认为，将电子商务平台账号的法律性质确定为物权，有利于权属争议的解决。此外，账号的权属之争实质上仍然是所有权的争夺。基于司法判决，本文分析了在解决权属纠纷时法院考虑的账号个人属性、合约协议、平台协议等要素，并讨论了账号转让和继承等特殊情况下的所有权问题。

Abstract: With the rapid development of the Internet, as well as the impact of the epidemic on the real economy in the past few years, the online live broadcasting and e-commerce industry has been revitalized, and the economic value of the e-commerce platform account has been highlighted, and the disputes over the ownership of the account by all the parties are getting more and more intense, and the disputes over the ownership of the e-commerce platform account by all the subjects with a large number of fans are essentially the disputes over the attribution of the economic value of the market represented by the account. However, the legal nature of the e-commerce platform account has not been clearly defined, coupled with the court ruling rules are not uniform, resulting in its ownership disputes, there is an urgent need to clarify the e-commerce platform account ownership of the relevant legal issues. In the author’s view, the legal nature of the e-commerce platform account number is determined as the right of property, which is conducive to the resolution of the ownership dispute. In addition, the dispute over the ownership of account number is still essentially a dispute over ownership. Based on judicial decisions, this article analyzes the elements of personal attributes of the account, contractual agreements, and platform agreements considered by the court in resolving the tenure dispute, and discusses the ownership issue under special circumstances such as account transfer and inheritance.