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Burden Of Proof In C2C E - Commerce Disputes

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:B W LiFull Text:PDF
GTID:2206330461987693Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of C2 C e-commerce, a growing number of C2 C e-commerce disputes raise many new questions and challenges for our existing civil litigation system. Since China still has no a specific legislation to regulate e-commerce disputes adjustment, the existing system of civil litigation in resolving C2 C e-commerce disputes encountered many obstacles, especially the matters of burdern of proof. The academic debate about how to use the electronic data as evidence and how to arrange burdern of proof in C2 C e-commerce disputes, has never stopped. "Civil Procedure Law of People’s Republic of China" began to regard electronic data as a kind of evidence since 2013,while the judicial interpretation of it further clarified the contents of electronic data since 2015. State Administration Industry and Commere issued a "network transaction management approach" provides proof of purchase by the consumer consent can be provided electronically and consumers could then document as the basis of consumer complaints from 2014. It is no exaggeration to say that is Significant progress of our civil legislation for various legislative initiatives clarified the legal status of electronic data. However, about some more details, such as how to use electronic data as evidence, as well as how to clear the allocation of the burden of proof, our country has not yet specified. Articles ues a case--- "Song Yuewen v. Taobao" as start, then analysis C2 C e-commerce features.With integrating with our existing civil burden of proof, this article focused on the distribution of the burden of proof and dispute and how to use the electronic data as evidence.
Keywords/Search Tags:Civil Law, C2C e-commerce, the burden of proof, electronic data
PDF Full Text Request
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