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On The Legal Regulation Of China 's Marriage Website

Posted on:2017-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:L YaoFull Text:PDF
GTID:2206330503465112Subject:Law
Abstract/Summary:PDF Full Text Request
Recently, marriage industry grows fast as a large amount of 80 s, 90 s entering the age of marriage. Due to the imbalance of population sex ratio, frequently flowing, and the broken of traditional "Acquaintances Society", which all result in the difficulties of dating youth marriage. A large number of single people bring a huge market demand, which has brought a vigorous development to the domestic dating websites. Due to the lag of legislation, unclear legal status of matchmaking agencies, low threshold of opening matchmaking, none strictly checked "Real name system" and the fuzzy responsibility, the dating websites can release a lot of false information, which brings property and personal rights loss for the dating website users. Because of the breach of contract, there are many lawsuits between the users and the dating websites. Due to the lack of relevant laws and the low cost of dishonest behavior, it is not easy for the users to maintain their rights in matchmaking market, which also lead to the confusion of the market.The contract between the users and dating websites is kind of intermediary contract of marriage according to their marriage service relationship. In this contract, the dating websites offer some of the service options as follows: releasing marriage advertisements, information searching and recommendation, purchasing value-added services communication quality and matchmaking service. The users sign the contract with the dating website by paying for choosing service form and the duration. Since this kind of intermediary marriage contract has its own natural identity relationship in law, which is different from the intermediary contract that relates to the property. Therefore, the intermediary marriage contract should have its unique rule in law. Due to internet’s Openness and virtualization, the association of people who know each other through the dating website would like to contact each other because they all the information offered by the dating website. According to the principle of honest and fair, and the cost benefit theory, the dating websites who own the information recourse should afford the obligations to investigate the facticity of the information, and publish objectively.By analyzing dating website obligations and the marriage industry management in the USA and Japan, this paper presents that, to manage the internet marriage market, the content of dating website legal should add some elements as follows: the branch of government which control the dating website, the obligations of the dating websites and the qualification of people who work in this industry, the suing approach when breaching the contract, and the role of matchmaking industry Association.
Keywords/Search Tags:dating websites, intermediary marriage contract, obligation of report truthfully, investigation obligation
PDF Full Text Request
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