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Research On Legal Regulation Of E-commerce False Propaganda

Posted on:2020-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2416330575992600Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China’s e-commerce industry is developing very rapidly,and it has already occupied a huge market share in China’s sales field.As the industry continues to grow,so many problems are frequently seen.The problems that arise before,during,and after the transaction are dizzying.Especially in the commodity display before the transaction,there have been a lot of false propaganda and other illegal activities.The emergence of these acts has greatly undermined the orderly competition order of the market,infringed on the legitimate rights and interests of consumers,and caused many negative impacts on the entire e-commerce industry.Therefore,it is extremely urgent to regulate and supervise the false propaganda of e-commerce.The problems in the process of e-commerce legal regulation need to be solved urgently.In response to this practical problem,this paper studies from the perspective of false propaganda and legal regulation of e-commerce.The text is divided into four parts:The first part expounds the basic problems of legal regulation of false propaganda of e-commerce from four aspects: concept,characteristics,nature and type.Through preliminary understanding,it is seen that the false propaganda is harmful to the e-commerce industry.Therefore,it is necessary to regulate the false propaganda of e-commerce,that is,to protect consumer rights,protect market competition order and maintain industry credit system.Since the legal relationship is composed of subjects,behaviors and legal responsibilities,the regulation model will also be carried out from the legal subject model,the legal behavior model and the legal responsibility model.The second part mainly discusses the legislative provisions on the regulation of e-commerce false propaganda in China’s "Anti-Unfair Competition Law","Advertising Law" and "E-commerce Law",and at the same time,on the micro level,the e-commerce is false.Propaganda conducts a type analysis of the status quo of legal regulation,regulatory agencies and law enforcement in China on false discount behavior,illegal speculation behavior and false advertising behavior.Through the analysis of the status quo,the problems existing in China’s current research are summarized,that is,the problems of the law application level,the clear problems of legal responsibility,the imperfect supervision mechanism and the unclear jurisdiction.The third part gives a comparative analysis of the experience of the United States,South Korea,and the European Union in the legal regulation of false propaganda of e-commerce.It is mainly reflected in the relatively complete e-commerce industry legal system in these countries,and has also established a special unified regulatory body.The United States has also clearly established the jurisdictional principle,the EU data monitoring system and the Korean e-commerce dispute resolution mechanism.It is a more advanced international practice and provides valuable lessons for our country.The last part of this paper mainly proposes perfect suggestions for the legal regulation of false propaganda in China’s e-commerce.Through the problems discussed in the previous article and drawing on the practices of the United States,the European Union and South Korea,the three specific angles are from the legal system,specific institutional rules and related supporting measures.Elaboration.The specific proposal is to revise and continuously improve relevant existing laws and strengthen local legislation,issue judicial interpretations,issue guidance cases and establish a sound legal system for the e-commerce industry.At the level of institutional construction,the legal system of e-commerce entities,the legal system of e-commerce rights and obligations,the legal liability system for false propaganda of e-commerce,and the regulatory mechanism for false propaganda of e-commerce are regulated.In terms of supporting systems,we will clarify the jurisdictional provisions for false propaganda regulation of e-commerce,improve and innovate e-commerce dispute resolution mechanisms,improve the e-commerce integrity culture system,and build a social credit system,with a view to developing the e-commerce industry in China through these channels.Play a certain role in promoting.
Keywords/Search Tags:e-commerce, false propaganda, illegal speculation, fake advertisment
PDF Full Text Request
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