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Research On The Legal System Of Our Country’s Internet Consumer Protection

Posted on:2014-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:F Y KongFull Text:PDF
GTID:2296330464450084Subject:Law
Abstract/Summary:PDF Full Text Request
Currently, the international e-commerce market is booming, and this leads the network transactions to become unprecedented prosperity. Because of network exchange has features like virtual and rapid development, it is difficult to achieve the purpose of maintaining the consumer order of network through making traditional law. In the network trading,the legitimate rights and interests of consumers are often suffer different degrees of damage. In recent years, consumers’interests has been againsted repeatedly in the network transactions, and the trend has been intensified. The consumer’s right to know, freedom of choice and other interests are lack of protection in the current legal system. This situation can be attributed to two reasons:on the one hand, due to the characteristics of network transaction environment, such as transaction information asymmetry, transaction contract is unsafe, so that the interests of consumers are likely to suffer; on the other hand, the legal system of our network transactions are missing or incomplete, which make the interests of consumers in the network transaction to be damaged, and there is no appropriate law to give timely and effective relief.China has not yet made specifical laws and regulations for network transactions. The Network Consumer Protection is still using the existing Consumer Protection Act and other laws, these laws are enacted under the traditional business environment,so it is difficult to protect the legitimate rights and interests of consumers effectively which are under the conditions of network transactions. Therefore, in order to better protect consumers’legitimate rights and interests of network,we should learn the characteristics of the network market place to improve and regulate the online market place and effectively solve the real problem which is lack of modern legal.In this paper, i try to understand the status,that the interests of consumers are damaged by the network,for using the online questionnaire. Specifically paper the certain interests which are damaged widely in the network and try to analyze the reasons. And in order to accordingly explore for the characteristics of the network transaction, i take the comparative analysis to the basic concepts and characters of the consumption about network consumption and traditional to find out the difference between the two. Finally,we should build a legal system which is suit to the consumers’protection of China’s network:First, to develop and improve the legal system of the protection of China’s online consumers’right and obligation. the network transaction subject and its responsibilities should be clearly defined, and then determine the legal protection about the right to security in network transactions, the right to information, the right to fair trade, right to return. Second, to establish and improve the online transactions regulatory system. This place is divided into two aspects, strengthening the supervision of government departments and industry self-regulation. Third, to establish and improve the network dispute resolution mechanism. First of all, the establishment of the network complaints mechanism; once again,to establish the online arbitration mechanism; Finally, to set up the special court which handle the consumer disputes of small amount. It will help to improve the level of protection of the legitimate rights and interests of our online shoppers by the above construction of the legal system.
Keywords/Search Tags:network consumption, consumer protection, right to know, fair trade, return right, disclosure of information
PDF Full Text Request
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