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The Protection Of Consumer Rights Under The Network Environment

Posted on:2010-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:X F YinFull Text:PDF
GTID:2206360272979142Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The on-line consumption brings the national industry opportunities and development, with the good prospect and trend. As the development of IT, the electronic commerce has been changing the people's life and development process of whole society. Because of the convenience of information query and trading time, the electronic commerce promotes the commodity to circulate conveniently.It's a serious challenge to the consumers' protection that the tort on consumer rights has become a barrier to the development of electronic commerce, in recent years. To study what are on-line consumers' rights, and how to protect them, is very important to impel development of electronic commerce in China.The thesis will realize the overlapping of consumers' protection law and electronic commerce law, carrying on the induction and deduction, with the union of logicality and coherence, in order to excavate and comment objectively. The author has collected the newest and comprehensive laws. To look for the law, read the law and comment the law. What's on-line consumers' protection and how to consummate it will be elaborated by analyzing the articles of the regulations.The on-line consumers enjoy all of consumer's rights in traditional pattern, such as the right of safe , the right to know, the right of option, the right of fair transaction, the right to recompense, the right of association , the right of knowledge acquisition, the right to be respected, the right of supervisory, and the right of privacy. Because of long-distance of the electronic commerce, the on-line right to know is more important than that of commerce in traditional pattern, such as the issue of false on-line advertisements and on-line operators' status registration. The way of transaction and allocation of electronic commerce requests the consumers to supply individual information, which has made the right of privacy on-line is more prone to be harmed than that in traditional pattern.The research way of the thesis is as follows. After the definition of basic issues, the deficiency of right to know and right of privacy in electronic commerce will be described in the second part. The false on-line advertisements invade the right to know. The on-line operators concealing their real status breach the liability of information disclosure. So the content of the right to know is the biggest part of the second part. There are also there parts in the second part,the first one is the challenge to right to know on false advertisements, the second one is the challenge to right to know on the on-line operators concealing their real status,and the third one is the challenge to right of privacy. The protection of right to know and right of privacy will be elaborated in detail in the follow part. It is corresponding to the there parts of the second part respectively. Such as the regulation of false on-line advertisements and protection of right to know will be elaborated,the registration of managerial website, regulation of C to C operators and protection of right to know will be elaborated,and the regulation of unsolicited E-mail and protection of right of privacy will be elaborated. The legal thesis should be operationally. The structure of the thesis will make consumers know how to guard commercial fraud, how to inquiry operators' real information and how to protect privacy and individual information. The achievement of the thesis is as follows. The on-line consumers' protection law is based on electronic commerce law and consumers' protection law in traditional pattern. It's based on operation of law, such as the legislation, the executions of law, the judicature and the law-abiding. The amount of the consumers' dispute of B to C and C to C is very low, in the electronic commerce. For the factors as the litigation expense, the consumers usually solve the dispute by either negotiations with operators or suiting them. In fact, on-line consumers' protection is based on the legislation, the executions of law and the law-abiding by operators.
Keywords/Search Tags:Internet, Consumers, Operators, The right to know, The right of privacy
PDF Full Text Request
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