The Legal Issues And Resolution Consideration To C2C Contract

When the people enter the network economy age, the most obvious marking is E-Business booming development in each realm. The C2C is a kind of E-Business transaction modes. It brings the great facility to the commodity exchange and service, getting the quick expansion.The C2C has its side of the advantage, and then have some problems that the law only can resolve in its transaction. At present, no specially study does not carry on the C2C.Although the research of some scholars relates to some issues about C2C, these research also analyzes from the technological perspective, mainly on a great deal of studies on technologies. The author deals with the technical problems from the point of law, as its main contents the tragedy of the right, duty and responsibility.The C2C only changes trade means and business environment. Although C2C has some difficulties adapting to traditional law, and then it still can be applicable to traditional law system. Net is a kind of new medium, but it is not a new social relation. The trading of C2C is a kind of contract behavior in essence .It is made in virtually world, but be carried out in realistic society. This kind of contract is a kind of new contract form, but is not a new Legal relationship. In fact, going on the transaction on line no matter what making or carrying out the contract, follows on basic principle of the contract law equally. Under the condition of lacking the definite electronic commerce laws and the electronic commerce standard currently, the adjustment to C2C may resort to the traditional contract method and the related civil laws, but how to be applied in a specific way is a decisive problem. This text discusses this issue from many angles. The specialty of C2C lay in all processes or parts of what the contract made, performed and rehabilitated to make use of the on-line transaction platform mode. This kind of modernization style need resort to the traditional laws, so to the adjustment of this kind of contract also demonstrate the tendency of the traditional civil law system frame. Resolving the special problem may trade the conflict of the transaction mode and the traditional law. Not only the new laws are made ( independent lawmaking) ,but also the homologous part of the traditional laws are carried on the modification and complement( the old method revision).The research about C2C not only must insist to carrying on the study about something in common compared with traditional transaction mode as to it's how to resort to the traditional contract method and the related civil laws, but also pay attention to the specialty of itself that carry on the traditional contract law system to filter once for sieving parts of the old contract law system not accustomed to new transaction mode, modified until drawn up the new law rule to this.This text according to the process of C2C transaction, based on Practice, elaborates C2C development key problem currently one by one and puts forward some resolution. The text is divided into six chapter:Chapter 1 summary on on-line transaction mode, the main purpose is to make readers understand C2C.The first and second section trades the concept of the on-line transaction modes, its relation to E-B and the basic introduction to the C2C transaction procession. Section 3 points out the research must draw lessons from a few special law principles of the E-B in C2C transaction, in addition to carrying out the traditional civil law principle. Comparing traditional transaction mode with C2C, Section 4 elaborated the advantage of C2C.Chapter 2 is mainly the research of C2C contractor system. Section 1, conjecture of the c contractor mainly causes two problem:1. Conjecture of both sides induces transaction of unsteady, so the third party gained the rights through legal authorization may carry out necessary identity authentication.2. For resolving other entities making use of the convenience that conjecture of identity and the behavior of evading legal obligation, the traditional law should be applicable by many section strengthen management. Internet Presence Provider plays an important role in C2C transaction. Its legal status and legal liability are also the focuses of the academic circles issue. This chapter also discusses mainly it. From section 2 to section 4, this text provides the Internet Presence Provider 's concept, legal status, legal duty and legal liability. It is considered that Internet Presence Provider helps facilitate transaction and undertakes the duty to formal examination merely, also undertaking to the legal responsibility to breaching the legal request.The research is about the form of C2C contract in Chapter 3.Elaborated in section 1 that the proofs to confirm the electronics contract form from domestic law and exotic law. Section 2 discusses that the data electricity text can be the form of the proofs .The traditional proof system should be modified and got expansion.Chapter 4 pays attention to C2C concrete behavior. For lowering the risk of the on-line bargain, the writer emphasized the importance that full information of dealer published specially in section 1, and study on how both parties concerned carry on the reasonable information published. In section 2, from the existing legal norms and aiming at C2C transaction characteristics, it is necessary to look for the conjunction to the process that make them come to a better interaction. In section 3, which legal norms may be applied to disputes of C2C? the writer think, the existing legal norms including the civil law general rules and relevant provisions, Supreme People's Court law explanations to judgements etc, being applicable to on-line transaction mostly.In chapter 5 and chapter 6, the writer solves the disputes of the on-line transaction by litigation and non-litigant styles in both sides. In section 1 of chapter 5 ,aim at the conjecture of the Internet, the writer puts forward to looking for the new link to litigation jurisdiction, breaking the bottleneck of jurisdicyional system. In section 2, because the C2C transaction is mostly small trades currently, the writer drew lessons from the small claims system of Taiwan, attaining the purpose of the litigation convenience. The non-litigation styles have its convenience, high-efficiently , matching the developing trend that dispute solution . In chapter 6, the writer introduced the inner dispute settlement mechanism and ODR. In section 1, the writer think that the inner dispute settlement mechanism is only a method of providing the transaction convenience. 2, the writer discusses the on-line arbitrament and on-line intermediations, putting forward the understanding of about them.