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The Legislation Study on Protection of Consumers’rights in Internet Trade

Author: LiuJun
Tutor: NiuJianPing
School: Chongqing University
Course: Economic Law
Keywords: Network transactions Consumer Protection Legal protection mechanisms Electronic evidence
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 233
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Abstract


Development of the Internet and information technology raise the level of science and technology, housebound trading patterns are becoming more common. The rapid development of the network transaction mode, has made tremendous contributions to China's economic development and people's living standards improve. However, consumers enjoy the convenience of quick transactions at the same time, also facing many problems, such as product quality problems, the leakage of personal information, consumer funds account security issues, these problems attracted the attention of the legal profession, many scholars and legislators traditional laws and regulations have been difficult to form an effective constraint problems of network transactions, these have prompted legislators should be as soon as possible to develop appropriate laws and regulations to regulate the network transactions. This article from the status quo of China's network transactions and existing laws and regulations, proceed through the analysis of network transactions particularity define subjective identity of consumers in different circumstances, and set forth the rights and interests of consumers victimized and threatened mainly by examining the economic and cooperation Development (OECD), the European Union, the United States, Germany and other policies and legal provisions of the Consumer Protection network transactions, explore the flaws and shortcomings of China's existing laws, and suggestions for improvement of the Consumer Protection Law, such that operators are information disclosure obligations, the given consumers no due to a right of return. Litigation caused by the network transaction disputes involving issues of jurisdiction and electronic evidence connotation and extension of a clear agreement jurisdiction and the introduction of consumer protection jurisdiction, clear electronic evidence, establish electronic evidence fixed and preservation of the system and the introduction of consumer self-help remedies solutions. Can be found in existing consumer protection system conditions, improve our network transactions Consumer Protection system shall conform to the characteristics of network transactions follow the law of network transactions, in order to guide the network transactions stable, orderly and healthy development. This article consists of six chapters, the first chapter is the introduction, the second to the fifth chapter is the main part of the thesis, Chapter VI is a summary of the thesis. The main part discusses the meaning of the transaction and the characteristics of the network, and by comparison with the traditional sense of consumers and thus define the main network transactions consumers, and analysis of the C2C mode and buy mode, spike mode and define the main consumers of online game players. Elaborate network transactions on the consumers' right to know, the right to personal information, consumer safety rights and claims of the challenge to address these issues in Chapter corresponding countermeasures proposed to improve consumer protection laws and regulations, consumer should take self-help remedies otherwise.

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