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The Study on the Legal of E-commerce

Author: ZhouShuBo
Tutor: GaoHua
School: Huazhong University of Science and Technology
Course: Legal
Keywords: electronic commerce interest and right of consumer interest and right of operator intellectual property right
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Electronic commerce, namely relying on the production, circulation and consumption of internet, broadcast and television network, telecommunication network and other electronic information network to achieve the electronization, digitization and networking of the whole business process, is a new kind of economic activity conducted through the internet. Along with the vigorous development of science and technology, Chinese electronic commerce has gained tremendous progress. Consumers and operators in amounting numbers complete their deals via electronic commerce. As a new kind of business model, electronic commerce and traditional commerce share many characteristics, however, there are some features of electronic commerce which are different from that of the traditional commerce. These features are mainly reflected through the virtuality and universality of the actors in electronic commerce, the paperless process, immediacy and the openness of market. It is these characteristics that cause some legal issues emerging in electronic commerce can not be solved according to traditional law. These legal issues mainly involve the protection of the interests and rights of consumers, the safeguard of the interests and rights of operators and the intellectual property protection of other actors.The major purpose of this paper is to propose suggestions for the perfection of China legislation on electronic commerce via the analysis of the characteristics of electronic commerce, the study on several legal issues in electronic commerce and the comparative analysis to the domestic and foreign legislation and legal precedents on electronic commerce. Part 1 of this paper introduces the development and characteristics of electronic commerce and compares its differences from traditional business; part 2 conducts detailed analysis to the protection of the interests and rights of consumers, the safeguard of the interests and rights of operators and the intellectual property protection of other actors and other legal issues, then it brings forward the current problems that we need to face; part 3 introduces and comparatively analyzes the domestic and foreign relevant legislation and classical precedents; in part 4, on the basis of considering China national situations, by properly drawing lessons from foreign experience, the author puts forward some proposals for the solution of the problems brought up in the part 2, the perfection of China electronic commerce legislation and self regulation of electronic commerce industry.

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