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Rules in terms of quality network of consumer contracts

Author: YangZuo
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: Network consumer contracts Quality Terms Quality Guarantee
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


With the rapid development of information technology, the increasing rate of Internet applications, web-based electronic means constantly popularity. Many of the traditional patterns of behavior of the people than ever before with the profound changes in consumption patterns increasingly diversified consumer object escalating complexity of today's society, the traditional shopping patterns have been from the impact of the Internet, online trading has become ordinary consumers increasingly favored consumption patterns, and even become a the daily consumer means some netizens necessary. As an emerging product of the times, due to the accelerated pace of life, the convenience of online transactions is well-regarded, especially in young people welcome, the online shopping population increase year after year, a rapid increase in network transaction volume. However, in network consumption activities to flourish, it is highly dependent on the Internet environment, the problem of the protection of the interests of consumers in the network reached a contract deal with the network operators and contract fulfillment process, gradually prominent. Virtual, open and high-tech, consumer can not truly see or perceived quality issues of the quality of goods or services, or providing a picture of the business side to understand the network consumption so consumers on the quality of information informed with strong passive, in some cases, it may also be because the operators of the product quality information disclosure of the contents of the way or ways it is extremely difficult for the average consumer to understand or test, the emergence of these problems is for consumers The conception of the quality of the terms in the contract breach, breach of warranty obligations of the quality of the operators, is not conducive to the realization of the legitimate rights and interests of consumers' right. The defined network transactions as the starting point, the concept of profiling of the network consumption now online transactions contract, compared with traditional trading patterns following the contract for the sale of contact with distinction. Then made the basis for a network of consumer contract terms of quality rules theoretically explore combined network of consumer contract particularity reflect the terms of the quality of the rules in the special value of such contracts. Then compare the legislative experience of extraterritorial legislation of international organizations, the status quo of China's network of consumer legislation on the terms of the contract quality rules, the relevant legislative model specific systems in the future learn and absorb the proposed recommendations of this article. Therefore, this article is divided into four parts: the first part of the network consumer contract extension defined and laid the foundation for this article after the exposition. Epitaxial this part on the basis of the concept of layers to summarize, and then come discusses object defined. First an overview of the concept of network transactions, type, and range of online transactions discussed in this article; Subsequently, through a comparative analysis of the concept of consumers in academia and the national legislation, consumers - network transactions online shoppers the Definition; elaborated focused network consumer contract defined in the drill dissect the underlying concept, the author of the network consumer contract extension defined; completion of the relevant concept defined, comparative analysis network consumer contracts and the links and differences between the traditional contract of sale, where drawn the network consumer contract particularity and characteristics. The second part of the basis of theoretical analysis made for the network of consumer contract terms of quality rules. Elaborate on these issues through two: the traditional contract quality rules embodied in the network transaction contract value; terms of the quality of the basis of rules of jurisprudence. The basic concepts of the quality of the terms of the contract, how to determine the quality of the terms of the contract value of these traditional contract quality rules reflect the applicable network consumer contract may face new difficulties and obstacles. The third part enumerates the relevant systems and regulations relating to the quality of the rules in the foreign network trading legislation. Protection of network transactions in terms of the quality of rules and the interests of consumers of the European Union, the OECD, the United States and other international organizations and developed countries have developed legal system. Most representative of the the three EU directive and the unfair consumer contract conditional instructions \\The author of legislative acts and the terms of the three international organizations, and the most representative national network transactions listed in order to reflect on and learn from the significance in terms of quality of our network transactions rules. The last part of the status quo and problems of the network consumer contract terms of the quality of legislation, mainly thinking. Legislative situation of this part of the contract for of network consumption at this stage in China, that China should establish legislation as soon as possible, to develop a dedicated network of consumer contract sector to be regulated in terms of quality rules of network transactions, and in the specific system design learn from foreign experience in legislation, establish a mandatory obligation to inform the operators and the \

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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