Legal System Of Creditor's Right In The Times Of Network

With the development of network technology and the popularity of network services, era has quietly come. At the same time of the enjoyment of the Internet brought about convenience, facing this double-edged sword brought challenge has become inevitable. Network to the entire theory of civil law has brought the impact of legal system of creditor s rights, natural also cannot keep out of the affair.Based on the theory of civil law analysis of the changes in network era and the era of network legal system and the traditional legal system of creditor's rights, from a macro point of view, from surface to point, the network era of legal system of creditor s rights theory. Based on the theoretical analysis, the traditional debt occurred according to differentiate standard, network management of the debt due are discussed in more detail. On the definition and characteristics of network contract, characteristics, constitutive requirements, makes clear the different main body namely the general network users and network services network tort imputation principle; based on the traditional creditor's rights theory based on the network age specific background, to explore the management of the debt due and network claims of unjust enrichment related issues.From the theory of legal system of creditor s rights, study the current situation and legislative situation of the two aspects of the network under the age of legal regulation are summarized. Although these summaries can advance more deeply into our country network era legal system problems. On the legal system of creditor s rights of foreign network design and the legislation present situation analysis, seek can absorb reference. In a comprehensive analysis of domestic and foreign theoretical research, system design, the legislation on the basis of the status quo, then proposed our country under the network times the legal system perfect route, from the improvement of legislation, strengthen government regulation, to promote self-discipline, establish and improve the network era of creditor's rights dispute settlement mechanism four parts to detail. Hope to offer own contribution to the development of the legal system of creditor s rights in the times of Internet.