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Research On Jurisdiction Of B2C Transnational Online Purchase Contract Under The Principle Of Weak Person Protection

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z M XuFull Text:PDF
GTID:2346330545980233Subject:Law
Abstract/Summary:PDF Full Text Request
With the construction of "Belt and Road" on the agenda,China has gradually played a leading role in the field of electronic commerce(especially online shopping).The increase in the number of online shopping has brought about a sharp increase in the number of related disputes.When such cases enter the court,the first thing they face is the establishment of jurisdiction.However,if we look at the private international law of our country or the relevant laws and regulations relating to it,It will be found that there are very few regulations on the rules for establishing jurisdiction over transnational online shopping contracts,although in recent years,China has made preliminary explorations in this area,such as the cyberspace management system.However,it still lags behind in the related legislative technology and specific system level.As a matter of fact,not only China,but also other countries have been confined to the study of this emerging field,and have not put the problem under the international perspective,especially under the B2C model.States pay more attention to the maintenance of their own interests,and there is a lack of uniform provisions for such rules at the level of the international community,and individual States will not be recognized and enforced even if they issue judgements,Therefore,the problem has not been substantially dealt with.Based on the above problems,this paper holds that,first of all,based on the principle of convergence of private international law,we should sort out the existing effective rules for dealing with such cases.To form a common international community dispute handling system,and then,after the trial construction of this common treatment system,under the guidance of China's national conditions,to carry out the individual design of China's treatment scheme.In addition,The construction of this kind of processing system is not the overthrowing of the traditional rules,but the adjustment of the existing traditional system.At the same time,we must constantly strengthen the management of the Internet participants and the continuous improvement of the Internet technology.To allow technology to serve the determination of jurisdiction in cases,to make clearer the points of connection established by their own vague traditional jurisdiction,and to allow these traditional jurisdictional establishment rules to continue to apply in the field of the Internet,In order to achieve the objective of substantive justice in the handling of such cases,based on the integration of the above processing system,this paper also discusses the B2C online shopping processing mode in China,and puts forward its own suggestions on the legislative technology and specific system.
Keywords/Search Tags:Protect underprivileged groups, Business-to-Consumer, Cross-border online shopping contract, Research on jurisdiction, Minimum contacts
PDF Full Text Request
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