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Study On Legal Responsibilities Of C2C Internet Transactions Platform Providers

Posted on:2008-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:M HuangFull Text:PDF
GTID:2166360242459397Subject:Law
Abstract/Summary:PDF Full Text Request
In the dissertation, choosing C2C internet transactions platform, through analyzing specific modes in internet transactions by platform providers and Internet transaction buyers and sellers, the writer makes a study on the obligations that shall be borne by the platform providers during Internet transaction activities, and gives a relatively complete and whole discussion on obligations of all parties of Internet transaction activities. In Internet transaction procedure, the Internet transaction buyers and sellers shall be the dominant party. Platform providers provide transaction platform, and transaction parties conduct Internet transaction activities according to the transaction mode designed by platform providers. In order to cause Internet transactions, Platform providers provide technology services such as identity verification, data transmission, data storage, etc, ensuring safe transactions. These services are the base for smooth completion of internet transactions, and also the corresponding obligations platform providers shall undertake. Platform providers shall have development plans and technology conditions corresponding to providing internet transactions platform, take responsibility to provide complete internet safeguarding measures and good internet transaction service for all parties of internet transactions. The specific obligations of Platform providers during transactions can be concluded as: the obligations to provide internet transaction technology service, verify identity of transaction parties, protect privacy of Internet transaction parties and supervise information. However, due to particularity of the Internet, high risks are not avoidable for Internet transactions, which mainly includes: the virtual feature of network environment makes it hard to recognize the identity of internet transaction parties; internet transactions are not safe enough because of often infringement of network environment; illegal activities happen frequently in Internet transactions owing to the features that network information transmit at a fast speed and with a low cost. Therefore, platform providers face bigger and unavoidable risks than that of traditional transactions. Laws are urgently needed to regularize Internet transaction activities. Currently, domestic legislation on Internet transactions lags behind relatively, and there is no clear definition on concerned legal responsibilities. Using relative regulations of foreign countries on Internet transactions platform providers for reference, the dissertation thinks in the angle of law philosophy and with the measure of legal responsibility. In specific practice, it considers to adopt regulations with both responsibility and operation. It put forwards 5 pieces of advice, that is: conclude laws and regulations governing Internet transactions as soon as possible; limit legal responsibilities of platform providers; require internet transaction parties to be prudent with transactions; make clear regulations on the validity of format clauses in the agreement of Internet transaction parties and establish insurance mechanism to reduce risks of Internet transactions, providing reference for establishment of the system of Internet transactions platform providers'legal responsibilities.
Keywords/Search Tags:internet transactions, platform providers, legal responsibilities
PDF Full Text Request
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