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Abstract

Network in the field of commodities trading is a new type of trading mode owning to the growingmaturity and rapid development of Internet technology; it is the development and outspread of the realmarket and is also the further manifests of commercial civilization and trading culture under theenvironment of networks. It indeed brings unprecedented experience and services to consumerscontributing to its distinctive features and win-win economic interests. Meanwhile, with the increasingpopularity of the information technology and the constant pursuit the awareness of fashion life attitude, itprovides a wider platform for the network commodities trading both in the survival and the development ofthe space.Commodity trading network is developed intertwined with the development of social reality, however,it is inevitable to encounter with some dilemmas, such as the conflict, challenges and change on the laws ofsuperstructure of social reality; and the existing legislation, judicial and law enforcement mode and eventhe legal principles are facing situations of change and correction in the network era. Furthermore, thischallenge is becoming more widespread and stronger with the expanding of networks and deepeningdevelopment of electronic information technology. For these reasons, by combining with the previousliterature with some relevant market researches, together with taking the current status quo of thelegislations both at home and abroad, research focuses and the development trend into consideration, it isin order to establish its research perspective and content of this thesis.In this study, after the understanding for the basic concept of network commodity trading, then itdescribes the characteristics of it, such as openness, convenience, low-cost and virtual. Meanwhile, thisstudy is analyzed from the construction of site features, product quality and safety risks to the supervisionof network transactions, the concept of consciousness and social credit system against the cohabitatedsituation for the trading activity of the network goods in recent years. In turn, the problem of the missingstatus of the legal system in the network commodity trading is introduced, and it can be analyzed from thefollowing three aspects:(1)from the legislative level, the current laws and regulations are encountered withconflicts and special laws has not established;(2)from judicial level, the establishing of legal authoritiesare considered vague, determining a court of competent jurisdiction is complicated as well as legal evidence of the material is difficult to provide;(3)from the law application level, information security,electronic contracts as well as online payment exist the lag vacancy in the application of laws.For the reasons above, this study learn the advanced legislative activities of the network andelectronic information technology from other countries of the world, combined with the "NetworkExchange Act” is appealed by National People’s Congress and CPPCC National Committee meeting, thento explore the problems owning to the dynamic legal environment, diversity violations behaviors, anddeviated concept of legal system construction of China’s commodity trading network. In the end of thispaper, the author proposes the countermeasures of the legal system of China’s commodity trading networkwhich entities on legislative, procedural, legislative and regulatory system according to the analysis on thecurrent status of the network commodity trading legal, namely, the legislation is expected to show the"electronic signature" laws. At the same time, it is necessary to pay attention to electronic payments,network transactions, data protection, initiate some relative legislative activities, and make an inventory ofnetwork commodity trading market, speed up the legal construction of information technology, trulyprovide superior legal environment and create perfect order of protection for the network commoditytrading market.

The Network Trade Law Research

Abstract

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