| In today’s society is a "virtual expansion era", information technology has penetrated intoevery corner of life, economic "virtual enterprise","online banking","electronic currency".More and more people are trying to their own achievements, through the network to changeyour life. The development of the network not only changed our lives, but also changed thepeople to the concept of The Times, the Internet transactions-online, also make the networkshopping research brought fresh perspective to the law.CtoC is a mode of online transactions, the transactions of fast, cheap, time-savingadvantages, has brought benefits to consumers. But at the same time, because of the onlinetrading in the middle of a virtual environment, cause restricting factors appeared gradually,many problems are worrying. If use of electronic means have not influence on face to face theproblem of contract effectiveness, serious problem instances of fraud in online shopping,online shopping the problem of the lack of legal norms, safety, etc. Tradition of civil andcommercial laws in the process of adjustment of such a new way to trade to produce over thestrife, appear even legal blank. Asynchronism due to legal and social development, ourcountry’s current contract law does not completely solve various problems arising from thenetwork shopping contract, there are too many legal blank, so that many disputes cannot beresolved. Therefore to establish reasonable network shopping legal system is imperative. Thisarticle through to the network shopping are controversial network trading legal problems inthe process of analysis, explore the measures to promote the network shopping safetyintegrity.The full text is divided into six parts. The first part of CtoC online shopping sources ofcontract research topic, research purpose and significance are discussed.The second part discussed the general contract of CtoC online shopping problem. First tooffer and acceptance of the contract of CtoC online shopping in the network shoppingcontract process definition, and then expounds the network shopping in contract offer andpromised to withdraw and cancel, clear of the contract of the network shopping the time,place and deadline. Again, the specific situation of the network shopping the effectiveness of the contract defects, such as the effectiveness of the anonymous online trading, onlinefraud, false trading, trade, network shopping format terms spam information such as theimpact on the contract comes into force. Finally the network shopping many legal problems inthe process of implementation in detail and study. Such as the network shopping way for theimplementation of the contract, the contract of delivery and performance of the time andplace.The third part discusses the network shopping contract subject qualification and therights and obligations of the parties. The subject qualification flawed, namely the parties donot have corresponding capacity for civil conduct. This part analyzes the subject of onlineshopping is not with the contracting ability whether the responsibility in the feasibility of therelated regulations. Network shopping the agent behavior in the contract of legalresponsibility borne by who studies, as well as buying and selling the legal rights of theparties in the network shopping and shall bear the legal obligations of narrative.The fourth part discusses the legal orientation of the network trading platform. Whichthink shopping site in network transaction legal status does not belong to the electronic agentalso don’t belong to the broker, just to have the intermediary effect. Online shopping platformis essentially a kind of unconscious without the will of the technical service, just is to providean information release channel. Online trading platform, the rights and obligations ofemphasis of this paper expounds the new "consumer rights and interests of the People’sRepublic of China protects a law" in the first compensation obligation about networkshopping platform.The fifth part discusses the related issues of collateral obligation in the network shopping.Collateral obligation mainly refers to the first contract after the contract obligation, duty, fulfilthe contract obligations. Such as whether to belong to malicious bad review, after-salesservice quality assessment, the buyer return postage borne problems, the seller whetherbelong to malicious brush credibility and back right of the buyer. And in violation of thenetwork shopping contract accompanying obligations of legal responsibilities are expounded.The sixth part discusses the perfection of legal system of online shopping. Based on theintroduction to promote the network shopping safety experience abroad, explore the networkshopping safety measures. First to establish a perfect online evaluation systems and the system of security funds. Secondly, establish an effective dispute settlement mechanism.Once again, the network shopping platform is established to the internal regulationmechanism of the parties. Finally, to establish a perfect legal system. The new consumerrights and interests of the People’s Republic of China protects a law "since then, referred toas" the promulgation of the "elimination", is the network shopping a great progress in theaspect of law. Public institutions and private organizations play an active role in onlineshopping transactions, also can effectively promote the transaction smoothly, and has strongoperability and feasibility. |
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