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On the Protection of Consumers’ Rights and Interests in Network Transactions

Author DuFangLin
Tutor JiangWuZhen
School Jiangxi University of Finance
Course Economic Law
Keywords Legal relations in network transaction Consumers’ rights and interests protection Online relief system
CLC D923.8
Type Master's thesis
Year 2010
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Along with the popularization of the computer and the internet, the golden age of the network economy has been coming, which creates great social and commercial values. As many highly developed E-commerce countries had done, China is gradually on the regulation of the cyber economy and gives increasing attention this market. The rise of disputes and conflicts in network transaction have drawed serious attention from many people in recent years. Therefore, in this paper, we will further analyze and discuss the consumers’ rights and interests protection issues in network transactions.Consumers’ rights and interests protection in the network transactions is the extension of the traditional consumer protection, and also a valuable complement to our E-commerce law. It should be said, the special features of network transactions has decided the weak position of its customers, e.g., consumers’ lack the expertise of E-commerce, lack symmetric information and etc.. From the economic aspect, only ensuring the network consumer’s rights and interests in the transaction process, we can strengthen the confidence of consumers, and further promote the rapid development of China’s Internet economy.In the sight of law, one of main functions of law is to safeguard social equity, and thus the tilting protection of vulnerable groups should be another important reason for further constucting the E-commerce legal system.Therefore, in this paper, it will discuss the issues of how to understand and define the legal relations in the network transactions, how to resolve the existing or potential infringement of consumers’ rights in the online trading, and how to most effectively protect the legal rights and interests of customers under the existing conditions, and then, it tries to build a series of practical regulations to assert consumers’ rights:1.In the first chapter, the paper gives an overview of the background of the research and the significance of consumers’ rights and interests protection in the network transaction, together with the relative existing achievements of the research in this field, and then displays the necessity and importance of the research beneath.2. At the second part, "The legal relations in the network transactions", is mainly based on the basic theory of jurisprudence-legal relations theory, to analyze the various elements of the legal relations in E-commerce, consequently to propose the inherent rights and obligations of the subjects of the legal relationship involved.3. In the third section, based on illustrative examples, the paper expounds the current limitation and deficiency of consumers’ rights protection of the network transaction.4. In the last chapter, it comprehensively probes into the present status of the online transactions and the consumer protection, comparing the status of other organizations or national legislations in the world, accordingly, to demonstrate China needs to complete the online relief system of consumers’ rights protection nowadays. Thereafter, it suggests the system should mainly focus on the online mediation and online arbitration, and the article also makes recommendations on the legislative program.

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