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The Research On The Business-alliance Regulations

Posted on:2012-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhengFull Text:PDF
GTID:2216330338459981Subject:Law
Abstract/Summary:PDF Full Text Request
With the rise of the network society and the rapid development of the electronic commercial affairs, network service springs up. At present, disputes existing in online deals emerge in quantity, with low claims and trade cycle short. In dealing with these disputes, the related judicial procedure becomes difficult to start. High lawsuit fees matches by no means the cheap products purchased on line. Therefore, to deal with the issue, the transaction platform bears more and more responsibilities as an intermediary agent. However, with so many disputes in trade on line, the transaction platform has great difficulty in handling them. At the same time, the transaction platform itself also participates in the competition. All this gives a great challenge to the transaction platform. Is it well qualified as the intermediary executive agent?In the research on how to bring the future network under control, some unofficial organizations have their own regulations on the exercise of autonomy, for example, the regulations of Taobao business alliance, which draws our attention. These business organizations, made up by businessmen on a voluntary basis or joined by them of their own free will, have become more and more mature. Some business alliances have worked out their own regulations or factional rules. With the same business values, they play a more and more important role in handling the present network disputes. This article is intended to focus on the research on business-alliance regulations and how to put them in order and also give some opinion on the establishment of the future network regulations.This article altogether is divided into four parts.Chapter I, it is the inevitability and the necessity of business-alliance regulations. This part begins from the foundation environment of business-alliance regulations. Through introducing the situation of the network society, electronic commerce as well as business-alliance regulations to expounded the inevitability of the business-alliance regulations. After that from the limitation of the law, I want to draw out the demand of the autonomous rule from the network society, as well as the function of the business-alliance regulations which appears in the present network society.Chapter II, it is the core of the article. Through the descriptively anglicizing the primary coverage of business-alliance regulations, the nature and the potency, I want to present its current situation. First, outlining the general picture of business-alliance regulations from introducing its definition. Through classified analyzing the similar regulations to stipulation the primary coverage of business-alliance regulations. Next, this article introduces its nature and characteristic. I decrypt the formulation of the individual business alliance as well as the establishment and revision of the rule to promulgate its essence. Finally, basing on which analysis the potency scope of business-alliance regulations, this article inquires into the foundation, way and the effect of its execution.Chapter III, this part has analyzed the flaw of business-alliance regulations. First, discusses that business-alliance regulations are lack of the related independent provision of the formulation, the announcement and the revision. This article thought that the fl-aw possibly causes contradictory among the internal member of business alliance finally, and it will cause business alliance toward decline; Second, discusses the flaw about the procedural rule to solve the dispute in business-alliance regulations. At present mainly presents for the below condition. Most of the business-alliance regulations are lack of it. Although the individual require the relevant rules, the simple regulations can not cope with the complex trade disputes in current network. What's more, there is contradictory in the requirements; the last, the neutrality of the dispute solver of which the merchant's association plays the role may make the Consumers have misgivings.Chapter IV, this part is the imagination about the solving mechanism of the transaction disputation in the network. Through comparing the business-alliance regulations with network trading platform rules and legal system I want to reveal the effects of the business-alliance regulations to be able and not to be able. Then a simple introduction to the western network dispute settlement mechanism and its developing situation in China, on the base of this, put forward a simple design for our web trading dispute resolution mechanisms.
Keywords/Search Tags:Taobao Business-alliance, Business-alliance Regulations, Autonomous, Informal Organization
PDF Full Text Request
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