Research On Legal Regulation Of Network Transaction In China

Nowadays, network transaction has occupied the important position in our national life, especially the B2C mode of network transaction, which plays a vital role of the growth of the national economy in our country as well as the planning market economic model. The rise of network transaction has brought the traditional trade depression. The phenomenon of many traditional trading main bodies started in the network market, makes the blindness of market intensified. The nonstandard phenomenon and infringement in network transaction grew rapidly. In order to effectively curb the market’s spontaneous problem, the government should through legal means to carry out reasonable guidance and effective supervision. Therefore, network transaction will be imperative included into legal regulation category.The legal regulation on network transaction is just starting in China. Compared with the countries outside, the legal theory needs to be improved, and the legal system is not perfect. In this paper, based on the current situation and legislation of China’s network market, the paper analyzes the nonstandard phenomenon and the lack of legal regulation of network transaction. In the process of the legal regulation of network transaction, it should be based on the actual situation of the development of China’s online trading market and the legal regulation, and insist on all from the reality and the theory with practice.This paper is divided into the following four parts:The first part mainly discusses the concept and characteristics of B2C online trading mode and the development present situation, and studies its core legal relationship, so as to be included in the category of economic law theory. And then it analyses the necessity of legal regulation of B2C online trading, laid a theoretical basis for network transaction’s legal regulation.The second part introduces the three countries of the European Union, the United States and Singapore on the advanced experience of online trading legal regulation and comparative study, in order to explore the legislative idea and legislative system enlightenment to our country’s B2C network trading legal regulation.The third part, according to our country’s legislation present situation to explore the lack of legal regulation and the nonstandard phenomena of online trading market, and points out the problems of the legal regulation and online transactions to laid a basis for legal regulation network transactions.The fourth part, combined with the problems mentioned above, advances some concrete suggestions to perfect our legal regulation of network transactions, including four considerations and several specific measures.