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The Protection Of Cross-border Online Shopping Consumers' Interests In The Belt And Road

Posted on:2020-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HeFull Text:PDF
GTID:2416330623952110Subject:Law
Abstract/Summary:PDF Full Text Request
The Belt and Road cross-border online shopping refers to the trading of goods and services by consumers along the Internet environment,which has the characteristics of wide range of consumers,diversification of network tort and complicated application of law.The consumption of The Belt and Road cross-border online shopping has the characteristics of commodity specific and small transaction amount,and the transaction of specific commodities is easy to cause consumers ' rights and interests disputes,and the small amount of transaction will lead to the decrease of consumers' enthusiasm for cross-border rights protection.From the point of view of economics,the theory of information asymmetry and the theory of psychological defects require the tilt protection of consumers and the search for appropriate ways to solve the disputes of consumer rights and interests in cross-border online shopping.From the perspective of jurisprudence,the values of justice,order and human rights are closely related to the protection of consumers ' rights and interests in cross-border online shopping,and the theory of contract freedom and meaning expression in civil law requires tilt protection for consumers,the natural monopoly of internet economy and the value orientation of anti-monopoly law require us to open up relief channels,Resolve cross-border online shopping consumer rights and interests disputes in a timely manner.Traditional dispute resolution mechanisms,such as litigation mechanism and ADR mechanism,which are not applicable to solve the cross-border online shopping consumer rights and interests' disputes,combined with national practice,consumer ODR Mechanism has become the first choice to solve cross-border online purchase disputes.To construct the Belt and Road cross-border network purchase of consumer ODR mechanism,we must fir st establish the substantive criteria for the protection of consumers ' rights and interests in cross-border online shopping,and secondly,take the lead from China to sign an open ODR agreement with countries along the route,establish the Belt and Road ODR Center;Thirdly,establish an online arbitration mechanism;Finally,mutual legal treaties should be signed among the countries along the route to guarantee the effective implementation of the decisions.
Keywords/Search Tags:cross-border online shopping infringement, consumer rights protection, ODR mechanism
PDF Full Text Request
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