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Analysis on the Legal Status and Legal Liability of C2C Online Shopping Platform Service Provider

Author: JieZuo
Tutor: ShuLi
School: Nanchang University
Course: Legal
Keywords: C2C online shopping platform service provider legal status legal rightsand obligations legal responsibility
CLC: D922.29
Type: Master's thesis
Year: 2013
Downloads: 99
Quote: 0
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Abstract


With the rapid development of network technology, online shopping has become a common way of shopping in daily life. The online shopping platform service provider creates a new shopping channel by online transactions. It reduces the transaction cost, makes online shopping popular. Definitude the online shopping platform service provider’s legal status, legal rights and obligations and legal responsibility, have great significance to solving the online shopping dispute, standardizing online shopping market, and promoting the healthy development of online shopping market. In the face of the network environment’s rapidly change and the legal’s inevitable hysteresis, legal scholars have to continue research to improve the relevant laws and regulations.In order to thorough analysis the legal status, legal rights and obligations and legal responsibility of the online shopping platform service provider, combination better with practice, this paper only discusses C2C online shopping platform service provider’s legal status, legal rights and obligations and legal responsibility. This paper is divided into five chapters to start:The first chapter is an introduction of C2C online shopping scale, disputes’ susceptibility, and the significance of improving C2C online shopping platform service provider’s legal status, legal rights and obligations, legal responsibility.The second chapter is an introduction of C2C online shopping platform service provider, mainly introduces the concept and types of network shopping and network service providers, analysis to define the concept and type of C2C online shopping platform service provider. Define C2C online shopping platform service provider as a "network platform service provider" is more in line with the actual.The third chapter is an introduction of C2C online shopping platform service provider’s legal status theory. This chapter first introduces the several legal status of C2C online shopping platform service providers in domestic theories-brokerage contract, joint venture, the intermediary, the lessor of counters. Then introduces the relevant laws in Europe and the United States, mainly analyses the electronic agent theory. Through study of the domestic and international legal, and the legal relationship between C2C online shopping platform service providers and buyers, sellers, this paper deem that C2C online shopping platform service providers is a internet service provider, and has it’s particularity.The fourth chapter is the legal rights and obligations of C2C online shopping platform service provider. This chapter analysis the right and power of C2C online shopping platform service provider with instance. Analysis it’s obligation and legal obligation, and extensive management duty to clear definite C2C online shopping platform service provider’s legal rights and obligations, guiding C2C online shopping practice.The fifth chapter is the legal responsibility of C2C online shopping platform service provider. Corresponding to the fourth chapter the legal responsibility analysis divided into the tort responsibility and responsibility of breach. Analyzing the responsibility of breach in imputation principle, burden of proof, compensation principle. In practice the tort responsibility is always more complex, this chapter try to analyzing the tort responsibility in imputation principle and form of liability.The sixth chapter is the conclusion. This paper study the C2C online shopping platform service provider theory and practice by theoretical study and comparative analysis, in hopes of improving China’s C2C online shopping platform service provider law.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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