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Responsibility Identification Of E-commerce Platform From The Perspective Of Consumer Protection

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:A Y WangFull Text:PDF
GTID:2416330626961256Subject:Law and law
Abstract/Summary:PDF Full Text Request
According to statistics from the China Internet Center,until June 2019,the number of online shopping users in China reached 639 million,an increase of 28.71 million year-on-year.While e-commerce has brought more convenient and efficient shopping experience and more diversified services to consumers,infringements within the e-commerce platform are also common,which brings new challenges to the protection of online consumer rights.The promulgation and implementation of the "E-Commerce Law" has once again improved the relevant rules for the operators of e-commerce platforms to be responsible for the damage suffered by consumers when purchasing goods or receiving services through their platforms.However,due to the principle of the provisions of the law and the uncertainty of some of the concepts,the courts have difficulty in adhering to the law and different judgments in the same case when adjudicating,it is difficult to achieve the legislative purpose,and it is difficult for the victims to defend their rights.Before the relevant laws and regulations are further detailed or new judicial interpretations are promulgated,how to correctly interpret the current relevant legal provisions and concepts has become the key for referees to correctly apply the law,effectively protect consumer rights and balance the interests of all parties.This article attempts to analyze and discuss the case of Liu v.Zhejiang Taobao Network Co., order to provide reference for similar cases in judicial practice.The article consists of four chapters.First,it introduces the basic facts and issues of the case.Second,it sorts out the main points of the trial of the trial court and the final court of the case.Third,it discusses and discusses the relevant theories of the tort liability determination of e-commerce platform operators.At thesame time,I put forward my personal knowledge and opinions on relevant identification standards.Finally,I use the viewpoints demonstrated in the previous section to analyze the case and draw conclusions,and at the same time,make corresponding suggestions for the improvement of relevant rules.
Keywords/Search Tags:rule principle, constitutive requirements, responsibility type
PDF Full Text Request
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