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Analysis The Burden Of Proof System In Disputes In Online Shopping

Posted on:2012-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:L PengFull Text:PDF
GTID:2216330338969376Subject:Law
Abstract/Summary:PDF Full Text Request
Online shopping has experienced several years of rapid development, presented an unusual prosperity. However, it is behind the prosperity brought about by the lack of legal and regulatory disputes continued, and disputes too hard. The particularity of online shopping because, after a dispute in the buyers and sellers, how to allocate the burden of proof is an important part of resolving disputes. I think we should follow the principles of the three aspects of online shopping disputes to perfect the burden of proof. First, the burden of the plaintiff and the defendant the burden of proof should be considerable. Bear the burden of proof because the degree of its fair share of the corresponding risk losing, but also according to the requirements of procedural justice, between the plaintiff and the defendant should bear the burden of proof to make a reasonable allocation, not all of the burden of proof should be imposed to the party because it means that he must bear the corresponding risk level of losing it completely in the inferior position in the litigation, but hard to win during the proceedings. Secondly, the burden of proof should be based on ability of the parties, the condition and the status to allocate the burden of proof, so that more capable, better equipped to bear more of the party the burden of proof, so that is more conducive to gather more evidence, which can prove to the case closer to objective truth, and the lack of conditions for the weaker side and proved to reduce the burden of the proof, only evidence of the parties, ability and class conditions and the status assigned the burden of proof to better maintenance of procedural justice proceedings. Finally, it should be from the aspects of economy and efficiency actions to regulate the allocation of the burden of proof. The inherent requirements of a civil litigation system, also known as action to save the economy, which mainly address the efficiency of the proceedings.This article is divided into three parts, the first analysis of the online shopping disputes legislative status of the burden of proof allocation, there are legal and practical issues which impede online shopping disputes. The second part describes the United States and the European Union such a developed market economy country on the responsibility of the relevant legislation online shopping situation, this aspect of our country how to provide a reference. The third part focuses on the special paper on the online shopping environment, how to allocate both the burden of proof, and the third party in the dispute in the evidence should play what role.
Keywords/Search Tags:burden of proof, allocation of the burden of proof, online shopping
PDF Full Text Request
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