On The Relationship In Internet Service & The Legal Risks Involved

The level of information network development has become one of the important measures to the modernization and comprehensive power of a country, and electronic commerce, along with the development of information technique, has rapid development, the protection of the rights and interests of e-commerce consumers, who are of an integral part of e-commerce, come to be extremely important nowadays. There are quite a few disputes between the consumers and the internet service providers in e-commerce transaction, for example, the case of the United States's TOYSMART, the case of xinlang mailbox shrinkage, the case of Eachnet charges, players of legend game and Grand company dispute etc. But, taking a full view of the laws of China, the provisions of protecting the rights and interests of e-commerce consumers scatter in the general principle of the civil law of the P.R.C , contract law of P.R.C ,P.R.C Law on protection of consumer's rights and interests and etc. Those provisions are so simple, disorganized, unsystematic, full of defects and impractical that they are too far to meet the urgent demand of protecting consumers' rights compelled by the rapid development of electronic commerce. Hence, it is timely advocated to strengthen the research and legislation in the field regarding the protection of the rights of consumers in e-commerce transaction. Since problems relating to service often occur in e-commerce transaction, this thesis rightly centers on the protection of the rights and interests of consumers in e-commerce transaction with the sequence of establishng the relationship involving network service as longitude and the corresponding legal consequence as latitude. In addition to working out the development process of such kind of affairs, the author explores other relevant issues as well. On the whole, this thesis is divided into five parts:The first section The Concept of Service and its Character;The second part The Status of Network Service ;The third part False Adverting on Internet;The forth part Contract of Network Service;The fifth part The Legal Liability Undertaken by Internet Service Provider. In the first part, the author defines service, analyzes the characteristics of service, compare many definations of service made by scholars at home and abroad, and brings forth his own viewpoint that the risks caused by service providers in their performance of providing services are the premise on which service providers shall undertake liability. In the second part, the author briefly introduces the connotation of internet service, the classification of service and the basic contents of network service.In the third part, the author explains the meaning of false adverting on network, identification principle and its constituents, and clarifies the relationship between ISP and false advertising as well as the corresponding liability.In the forth part, the author writes about the qualification of the principal in e-commerce trade, the conclusion of contract and its effectiveness. The emphasis is paid on the features of providing service for digital goods which are a kind of special goods, a special object, and then the author makes a comparation of the related laws and regulations at home and abroad. The fifth part is about the liabilities undertaken by ISP. The author studies the ISP ?s liabilities for breach of contracts and tort, and discusses the composition of the liabilities for tort, counterplead causes and the identification for liability by contrasting with the foreign counterparts.