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The Establishment Of The System Of The Liability Of Service Providers

Posted on:2004-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2156360122467276Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The thesis aims to establish a separate legal system governing the liability of service providers from the angle of consumer protection.Consumers, to meet their daily needs, use both service and products. So how well consumers are protected depends on the legal system governing each of the two aspects. In China, the system of product liability has been established for a relatively long period of time and rapid progress has been made. However, as to the legal issues concerning consumer's remedies against defaults in service, China does not have efficient legal instruments to tackle the problems. This has caused huge number of problems and hinders the progress of the consumer protection campaign in China and the successful development of Chinese service industry as well. Therefore, systematic research must be conducted to change the situation. In this thesis, the author firstly discusses the necessity and feasibility of setting up a separate system of "liability of service providers" in China, and further demonstrates why the system should be so named. Then, through detailed analysis, the author explains that the legal instrument of the liability of service providers should belong to the family of tort law, that the "fault liability principle" should apply but the service provider should be presumed to have fault until the opposite is proved, and that the liability is based on four criteria-default in service, loss, causation, and fault on the side of the provider. In the last part, the author further analyzes the issue of compensation under different circumstances. Through these parts, the thesis describes the fundamental features of the system of liability of service providers. It is the author's sincere hope that more students would join in the research to push forward the development of our consumer protection campaign and the healthy growth of our service industry.
Keywords/Search Tags:Liability of Service Providers, Consumer Protection, Tort, Fault Liability, Damages, Punitive Damages
PDF Full Text Request
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