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On Legal Issues Of Tort Liability Concerning Food Bought On-line

Posted on:2018-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:C QiaoFull Text:PDF
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Today,with the rapid development of China's online food market,more and more tort issues about online shopping food areas.A large number of food trading laws and regulations,have not been able to deal with and regulate the online shopping food trading behavior.Therefore,online shopping food tort liabilities have drawn more and more people's attention.Food is a kind of special product in nature,and this is a kind of special tort liability.Based on the research data of the rapid development of online shopping food and the existing laws,the author extends the purpose of this study and makes clear the focus of this shopping food tort damages by more and more people's attention.This paper is divided into four parts.The first part is the basic definition of the concept of online shopping food and the specificity of online shopping food tort identified,which lay a foundation for the following online shopping food tort liability issues related to the theoretical basis.The second part mainly introduces the imputation principle of online shopping food tort liabilities through the analysis of the development and application of the principle of liability fixation at home and abroad.Based on the analysis of the differences of the doctrine of liability fixation in China,this paper draws the conclusion that the principle of liability without fault should be applied in the tort compensation of online shopping.And it also introduces the online shopping food tort liability of the Constitution and the legal relationship in the main body of the rational analysis,the main party responsible for the tort issues.The author put forward personal view that the online shopping platform is the main responsible party.The third part discusses the principle of compensation for the damage of food tort,and discusses the specific application of the compensation for infringement on online shopping.In the fourth part,the author analyzes the problems related to the compensation for the infringement of online shopping in China,points out the existing problems and puts forward some suggestions for improvement.Online shopping is not limited to the issues of compensation for the infringement of traditional civil law but on the responsibility of private benefits.The food tort does harm to people's life and health,the modern concept of civil law in the market economy environment,more emphasis is put on the maintenance and protection of rights and social public interests,on realizing social fairness,and on safeguarding social harmony and development.
Keywords/Search Tags:online shopping food, tort on online shopping food, principle on liability of default, compensation system
PDF Full Text Request
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