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The Research Of Online Shopping Consumers' Right To Know Legal Protection

Posted on:2012-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:N FengFull Text:PDF
GTID:2216330371453263Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the popularity of Internet technology and Personal Computer, Internet transactions in our country develop rapidly, which makes net shopping convenient, fast and efficient. And it brings considerable benefit to net consumers. While owing to the characteristics of network, such as virtual nature, immediacy, digitization, etc, it also puts the net consumers on the vulnerable place. Therefore, the characteristics give more challenges to traditional mode of traditional rights protection for the consumers. The traditional rights protection law for the consumers can't deal with all the cases of internet transactions. Furthermore, the legitimate rights and interests of net consumers are being seriously aggrieved. On the first of January, in 1994, Law of the People's Republic of China on the Protection of Consumers' Rights and Interests was implemented which has lasted 16 years. But now It cannot meet the demands of market economy development. Faced with the new mode of Internet transactions, the Law system hasn't been efficient and met the needs of internet transactions. To strengthen the protection of net consumers' legitimate rights and interests is the key to Internet transactions' sound development.At the same time, establishing protection of net consumers' legitimate rights and interests in internet transactions must be enforced. The right to know is the most important for consumer rights and it is also the basis and premise for consumers to claim their rights. At present, there is little study in this field, even the depth and scope study isn't enough. Under this condition, this paper is written with the hope to give some help to construct specific system of protection rights for consumers in new mode of Internet transactions.Part one, Overview of online shopping consumer right to know. I believe that only by mastering the basic concepts in order to better understand the online shopping consumer right to know the essential characteristics of the traditional right of consumers to do a comparative analysis, ask questions, that is no longer relevant existing laws and regulations applicable to the network environment well under the consumer shopping activities online shopping consumer's right to protection difficulties.Part two, China's online shopping in the consumers' right to protect the status quo and problems. Most of our existing network of legislation still remain in the computer and network construction, operation, domain name registration and other network conditions on the early development of the online shopping consumer right to know not to establish a sound, scientific, comprehensive legal protection system, the invisible network transaction, the operator issued false advertising, false statements, false speculation, so that the consumer's right to information can not be guaranteed.Part three, Foreign legislation on online shopping consumer's right to protection measures and inspiration. Summed up the foreign trade network in the enactment of legislation to protect consumers' right to know the characteristics, emphasizing China's online trading system for the consumer right to know the building should be based on China's specific conditions, and to learn from successful foreign legislative experience.Part four, Proposed to establish and improve China's online consumers right to know the idea of legal protection, such as online shopping operators clear disclosure obligations, information disclosure principles, to promote the real name of reform, build a sound network of consumer judicial relief mechanisms, to strengthen government regulation and strengthen social supervision, establish a sound credit evaluation system. Therefore, I believe, should legislation, government and social regulation, third-party credit system and the judicial relief mechanisms to protect the rights to build the full realization.
Keywords/Search Tags:online shopping, Consumers' Right to Know, legal protection
PDF Full Text Request
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