Study On The Infringement Act And The Claim Right Of The Compensation In Network Transaction

With the development and common use of the Internet,network consumption proportion becomes larger and larger.Then brought a new kind of violation of consumer rights and interests behavior was named network infringement.In this paper,the network tort we would study is in network transaction infringement,tort subject is the network trading platform service provider,electronic business,express delivery enterprise.They breach legal obligations in networked transaction,violate the interests of personality and property of consumers,and cause the Network consumers personal and property damage.Due to the particularity of the network consumption,network consumers safeguard the rights difficulty,so I centered on tort compensation claim,research the network trading connotation and its right of claim of tort damage compensation claims,in order to solve the dilemma of network consumers' rights.This article in first chapter focuses on Internet trading infringement background,definition,concept,nature,characteristics and its difference with the general tort.Through comparative study,accurate qualitative trading network tort,the losses of the state by the behavior of consumers with a lot of consumer rights,and according to the infringement of rights and interests of the different,the network transaction infringement violations of consumer rights are analyzed.The second chapter focuses on the infringement in the legal relationship between the main body,clarify tort and tort subject separate properties and its positioning in the network transaction legal relationship.In this paper,the third chapter focuses on compensation for infringement due to the infringement of online transactions,the punitive compensation claims and generally made contrast research for compensation for infringement,highlight the particularity of tort compensation claim online transactions.This section is also discussing on the function and the scope of right of claim.The fourth chapter is on the basis of the third chapter,make the exploration and research by using the right thinking to deal through basic level standard for compensation.From the relevant legal provisions for all kinds of relations to the specification for compensation,parsing the specification base about the lawful rights and interests of consumers,for more effective,fully safeguard the legitimate rights and interests of consumers.Specification basis of exploration for consumers of tort compensation claim has a direct role in promoting.The fifth chapter would make a further reflection on the insufficient about exercising the claim right of the compensation in Network Transaction and safeguard consumers' legal rights and interests.Combined with the reality of domestic network consumers' rights relief,"governing the network" policy and rule of law "Internet +" concept,fully draw lessons from foreign trade related network consumer rights protection legislation example,looking for a new ways to protect consumers' legitimate rights and interests based on the right thinking.And on this basis,puting forward some principles of the network consumer rights and the establishment of compensation claims and modified method,is proposed to use for solving the tort relief point of view.Actively we should use right thinking to solve the problem of trade infringement law emphasizes,and build right as the core rights relief mechanism,from the aspect of legal system perfect tort compensation claim as the core of the consumer rights and interests security system.