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Research On Legal Problems Concerning Overseas Shopping Service

Posted on:2015-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2296330467965250Subject:International economic law
Abstract/Summary:PDF Full Text Request
Overseas shopping service is an emerging industry. In the process of rapiddevelopment, it faced the present situation of the legal lag. Currently, only little lawon electronic commerce and network shopping is carried out. There are almost norelevant provisions about overseas shopping service. Overseas shopping servicedisputes occurred in recent years cannot get effectively solved is a good example.This article according to the actual situation of the overseas shopping service, mainlyanalyzes the legal issues of overseas shopping service and put forward some legaladvice, in order to support a benign development environment for it. This article isdivided into four sections to discuss:The first section is a brief introduce of overseas shopping service. Overseasshopping service can be classified into private overseas shopping service andprofessional overseas shopping service, overseas shopping service and the legalrelations of the consumers belong to entrust a contract. Currently, as our country lawis not perfect, we can draw lessons from the mature legislation of electroniccommerce. Overseas shopping service legal issues are mostly about default relief,payment security, protection of the rights and interests of consumers and the customssupervision problems.The second section analyzes the relief of overseas shopping service defaultproblem. Due to the multinational subject, the long-distance transaction, and legalrelationship is complex, there exists default situation in overseas shopping service.In the process of breach of contract dispute resolution, the relativity of contract, thejurisdiction of the law applicable to problems. Solve the default of overseasshopping service, must be on guard against the risk of default at the same time, thebreakthrough of contract relativity by law to act as purchasing agency limitconsumers’ rights, and to the jurisdiction of the applicable law in foreign-related civilrelations and determined.The third part discusses the purchased overseas payment issues. In cross-borderpayment regulation, the settlement cycle is long, trading main body virtual sex, leadto payments, regulatory data distortion of precipitation funds and payment securityproblems. Based on the situation, our country should be paid by multinational linkimplement real-name authentication, clear payment institutions, the scope of business and the management of precipitation funds should make arrangements.The fourth part expounds the consumer rights protection of overseas shoppingservice problem. Because of trading information asymmetry, the credit mechanism isnot sound, transnational activist cost is high, resulting in a defect overseas act aspurchasing agency service, relief channels and less product liability cannot be heldaccountable. Need to solve these problems according to the division fault liability oftort liability act as purchasing agency for the main body, establish overseas act aspurchasing agency credit mechanism, and through the online dispute resolutionmechanisms to provide consumers with rights and interests of the low cost, highefficiency.The fifth part elaborates the purchased overseas customs problem. In tariffs,since the economic interests and the customs regulations have flaw, custom tariffsare evasive. Now the implementation of the new policy is not obvious, and thetaxation standards are inconsistent. The adjustment shall be exempted from tax,subdivide the customs of the new policy standards, in order to support acomprehensive legal environment for the overseas shopping service.
Keywords/Search Tags:Overseas shopping agency, Law, Custom
PDF Full Text Request
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