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A Study On The Rules Of Regional Jurisdiction In The Lawsuit Of Net Purchasing Consumer Contract

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:L J CaiFull Text:PDF
GTID:2346330518976532Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of network technology,online shopping in broadening the business field,to meet people's diverse shopping needs,and so played a huge effect.The uniqueness of the online contract of consumer purchase has brought new challenges to the traditional rules of geographical jurisdiction.The paper focuses on the theory and practice of territorial jurisdiction in our country.On the basis of drawing lessons from outside practice,this paper puts forward the regional jurisdiction the new rules.The full text in accordance with the questions,analyze the problem,solve the problem of thinking started,divided into five parts.The first part of the article puts forward the problems encountered in the local jurisdiction of the online shopping consumer contract.The second part of the article defines the concept of online purchase of consumer contract litigation,summed up the new characteristics of online shopping consumer contract litigation,that is,the parties to the uncertainty,the contract to sign and the contract to fulfill the land difficult to determine the contract terms format,the amount of the standard amount of the contract,the implementation of virtualization,litigation evidence of electronic.The third part of the article analyzes the challenge of the traditional regional jurisdiction rules such as the rules of jurisdiction of the defendant's domicile,the rules of the jurisdiction of the contract,the rules of the existing agreement,further demonstrates the existing geographical jurisdiction rules can not all solve the online shopping contract law enforcement jurisdiction.The fourth part of the article is through the developed countries and international organizations on the online purchase of consumer contract litigation jurisdiction rules of introduction and evaluation,come to a useful experience and inspiration.The fifth part of the article in drawing on the developed countries on the experience of this problem and effectively linked to the reality of our country,this paper puts forward the legal exploration of the jurisdiction to solve the jurisdiction of the online purchase of the consumer contract,that is,the rules of the jurisdiction of the agreement and the rules of the domicile of the consumer.
Keywords/Search Tags:Online purchase contract, geographical jurisdiction, defendant residence, contract fulfillment, agreement jurisdiction
PDF Full Text Request
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