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The Research On Consumers' Safety Rights Protection In Electronic Commerce

Posted on:2012-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:A R LianFull Text:PDF
GTID:2166330335451207Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In modern society, science and technology are developing at breakneck speed, and the rapid development of electronic commerce is breaking the development model of traditional commerce. Electronic commerce has brought about many changes in our lives; meanwhile, it also presents quite new challenges of the consumer rights protection. Therefore, how to protect consumers'rights and interests is a hot issue in legal profession. Safety right is the most fundamental right of consumers, whether safety right can be protected effectively or not will directly determine and influence consumers'confidence in electronic commerce. The birth of electronic commerce changes the traditional connotation of consumer safety right and gives new contents to it, mainly including consumer personal information safety right, electronic payment safety right, transaction safety right and commodity quality safety right. Internet is used as the medium of exchange to electronic commerce, however, consumers'personal information safety are threatened because of the virtuality and globality of the internet, and consumers'payment safety have potential risks because of the openness of the internet. Besides, as the electronic commerce breaks through the boundaries between space and time of traditional commerce, the consumption relationship is becoming more complex, therefore, transaction risks increase as well. In addition, commodity quality safety also lacks of guarantee under this new transaction mode. Few of laws have been made in China that specialize in consumer right protection under electronic commerce environment, nevertheless relatively mature electronic commerce consumer right protection laws have been set up in developed countries, such as America, Japan and other European countries.According to the practical and legal situation in China, draws legislation experience from other countries in the area of electronic commerce on consumer safety right protection, this paper argues that:electronic commerce safety right legislation modes should be cleared in China, confirm the legislation mode that take government legislation as the body of legislation and take profession self-discipline as assistant. In addition, Electronic Commerce Law should be promulgated as soon as possible. In this law, consumer personal information safety should be protected, return and exchange goods system of online business should be set up, and electronic commerce jurisdiction should be regulated legally and technically. Finally, non-litigation dispute solve mechanism should be formulated. Aimed at traditional laws, this paper argues that "Consumer Protection Law", "Advertisement Law", "Contract Law" and "People's Bank of China publicized Electronic Payment Direction" should be revised accordingly, so as to meet the need of electronic commerce, protect consumers'rights and interests and avoid conflicting with other laws.
Keywords/Search Tags:Electronic commerce, Consumer, Safety right, Law protection
PDF Full Text Request
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