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Law Protection Of The Consumer Rights In Digitized Goods On-line Transaction

Posted on:2009-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:X H YuanFull Text:PDF
GTID:2166360245466195Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Digitized goods are bit-strings, sequences of Os and 1s, which have economic value. They are distinguished from other tradition goods by some characteristics: invisible, easy to duplicate, not easy to damage and so on . The unprecedented difficult problems which consumers face in the digitized goods on-line transaction, have brought huge challenge for the traditional law of consumer rights protection. Countries or regions have started to enact special legislations on digital goods and the protection of consumer rights in on-line transaction, to solve all kinds of new legal matters which they face. However in China, to the protection of consumer rights in digitized goods on-line transaction, the traditional law of consumer rights protection is relative backward, and it didn' t integrate the new questions which have appeared in the digitized goods on-line transaction to the category of the protection of consumer rights; on the other hand, observing from the entire legal framework, it also by far lags to the swift development of the digitized goods on-line exchange. Increasingly prosperous on-line digitized goods exchange market proposed such an urgent proposition: In order to guarantee the rights of consumers in the field of on-line transaction, China should learn outstanding achievements within the field of e-commerce from other countries as soon as possible to improve Chinese consumer protection law and the related legal norms.Based on their respectively different legal system tradition and historical perspective, different countries or regions have different guard modes and emphasis points on the law protection of the consumer rights in the on-line transition. When China profits from other countries' advanced experience, she should unifies her own legal system tradition and the present situation of consumer rights protection, then omni-directionally carry on the legal institution design of protection of Chinese consumer rights in digitized goods on-line transition by a kind of development judgment. Namely, established the basic legal principles on law protection of the consumer rights in digitized goods on-line transaction, and then on that basis, constructing the concrete legal institution, but shouldn' t cast aside the existing legal framework.
Keywords/Search Tags:Digitized goods, On-line transaction, Consumer protection
PDF Full Text Request
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