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Research On Consumer Rights Protection In Network Transaction

Posted on:2013-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:D D HanFull Text:PDF
GTID:2246330362975012Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the background of the times that the network science and technologypopular, and the network user increases year by year, network transactions in real lifehas been very common. In the process of network transactions, consumers in a weakposition obviously, Network transaction give consumers the convenience andsuperiority but at the same time also causes their rights and interests very vulnerable,Resulted in a variety of consumer rights and interests have been infringed. Due totrading and traditional trading and digital features, this dispute solution rises havecertain difficulty, as the social legal strengthens and consumer rights consciousnessraise generally, the protection of network consumer rights and interests has become thefocus of the society. Although our country published a series of consumer protectionlaws, but they are hardly applicable to the field of network transaction in practice, thismakes the trade of the network consumer’s rights and interests unable to obtain timelyprotection when violated. At the same time, research is not very mature in this aspect,therefore, in this paper, aiming at to solve the problem that the consumers rights in thenetwork transaction is not timely protection and legal not perfect, to reduce the networktransaction disputes, have very important significance to promote our country networkto the healthy development of the market and safeguard social stability. This paperbased on the comparison of the network transaction and transaction, analysis of thecharacteristics of network transaction, elaborated rights and obligations of the networktransaction subjects, combined with foreign protection of network consumer cases,point out the defects of our country’s consumer rights and interests protection network,thus put forward my views and suggestions.This paper is divided into seven parts, the first part and the last part is theintroduction and conclusion respectively. In addition of the five parts mainly introducedthe following content:The second part is mainly overview on the network transaction, the portionanalysis the theoretical of the characteristics, and from the network trade and thetraditional market trading style of trade, to the consumer to cause violations anddifferent degree of consumers get goods such as time different aspects elaboratedbetween the two.The third part in the main body of the operator and consumer detailed definition of online transactions first of all, then according to our country” the consumer protectionlaw” to operators and consumers in the rights and obligations of the provisions tonetwork operators to network consumers and the rights and obligations for analysis.The fourth part introduces the network transaction, Infringe upon the rights andinterests of consumers, this part mainly expounds the network security right of theconsumer, ask for compensation power in the network trade is vulnerable toinfringement, through this research to seek the effective ways to solve the disputeThe fifth part mainly through the introduction of the United States, the EuropeanUnion and South Korea to the network trade in the protection of consumer rights,through the domestic academic, legislation and judicial practice in the field to studypresent situation in our country, in the final, analysis at present the protection networkconsumers’ existing problems of our country.The sixth part is about our country how to consummate the related legal system,put forward my views and suggestions of take measures to protect the networkconsumers.
Keywords/Search Tags:network transaction, the traditional market transactions, rights and interestsprotection
PDF Full Text Request
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