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作业代写:Network shopping contract

2018-07-26 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Network shopping contract,供大家参考学习,这篇论文讨论了网络购物合同。网络合同是一种电子合同,由于网络合同依赖于网络,而网络具有虚拟性,因此网络购物合同也具有虚拟性。由于网络购物合同是在虚拟的网络空间中形成的,双方当事人通过网络数据电文的形式订立合同,因此买卖双方交易主体的真实信息无从判断,这便导致了合同交易主体的不确定性。

Network shopping,网络购物合同,essay代写,paper代写,作业代写

In recent years, the development of network technology has been advancing by leaps and bounds. A new network transaction model, network shopping, has emerged, resulting in network shopping disputes, which are mainly caused by jurisdictional disputes between consumers and sellers. Due to the lag in the legislation of shopping and the imperfect protection of consumer rights and interests in China, there has been no good solution to the problem of jurisdiction. From the point of view of protecting consumers, this paper draws lessons from overseas legislative experience, and puts forward some Suggestions on establishing the rules of consumer's residential jurisdiction.

Shopping, as the name implies, is to retrieve product information through the Internet, send shopping request through the electronic order form, and then fill in the number of personal checking account or credit card, the manufacturer can deliver goods by mail order, or by express company.

Network contract is a kind of electronic contract. The offer, contract and even contract performance of network contract are all completed through the network, which is dependent on the network, and the network is virtual, so the shopping contract is also virtual.

As the network shopping contract is formed in the virtual network space, both parties enter into the contract in the form of network data message, so the real information of the transaction subject of both parties cannot be judged, which leads to the uncertainty of the contract transaction subject.

Online shopping is the process of the contract the parties through the computer, the seller's offer, the buyer accepts the offer and promised to deal the intention of parties through online message, take the network as the media, to complete the contract, it has essential difference with the traditional contract, electronic contract conclude a simpler and more efficient.

Shopping is mainly a business-to-consumer business model in China. In this model, weak consumers face strong enterprises, and their weak position is self-evident. The network environment further weakens the power balance between consumers and enterprises.

Although article 44 of the law on the protection of consumers' rights and interests stipulates that consumers' online transactions suffer from infringement and damage, it is out of touch with reality, has no strong operability, cannot adapt to the rapid development of the network, and cannot protect consumers' online shopping demand.

When consumers conduct network shopping, because of the remote function and anonymous function of the Internet, the conclusion of sales contract does not require the real contact between buyers and sellers, but only through network data transmission can be concluded. Even though there are regulations on the website that require sellers to register their information, such regulations cannot avoid the fraud of sellers' information, and the website cannot check the information of sellers one by one.

In reality, when consumers register on shopping platform, there will be a registration agreement of this website platform, which contains matters related to jurisdiction. The form of the agreement is format clause, which is a mandatory form clause, which obviously violates the autonomy of the party concerned.

As for online shopping disputes, the common practice of all countries in the world is to protect the legitimate rights and interests of consumers, implement protective jurisdiction, and stipulate that exclusive jurisdiction shall be exercised by the location of consumers. However, China has no regulations on this, which is not in line with the general international principles. China should learn from the legislative experience of foreign countries, that is, when online shopping disputes occur, they shall be under the jurisdiction of the local court of consumers.

According to the Supreme Court's principle of "minimum contact", American states have enacted the "long arm act" and thus established the "long arm jurisdiction" in each state.

The Brussels convention was enacted by the European Union in 1968 to protect consumer rights. On December 1, 2000, the European Union passed the Brussels regulation, article 16 of which consumers can choose to Sue the seller in their place of residence or in the place where the seller is located, but the seller can only Sue the consumer in the place where the consumer is located.

When establishing the jurisdiction of online shopping contract disputes in China, it is necessary to refer to the jurisdiction rules of the consumer domicile of the eu. In case of online shopping contract disputes, a consumer party can bring a lawsuit in the court of his domicile or the court of the seller's domicile. The seller can only Sue the consumer in the court where the consumer lives. The optional courts granted to consumers here are limited to the courts of consumers' domicile and sellers' domicile, in order to prevent excessive rights granted to consumers from preventing sellers from obtaining rights protection.

In reality, the supplier's address is often not known by consumers, so we should promote the real-name system of online stores, and strictly check the qualified certification, especially the verification of online store address. In addition, as an effective measure of network supervision, the transaction platform providers should further promote the real-name system.

As for the format terms, the law should clearly stipulate that when consumers make consumption on the website, the jurisdictional terms of the website shall automatically pop up and attract consumers' attention with bold fonts, and at the same time, consumers shall be given free choice. For example, not only do you have to set the "disagree" button, but you also have to allow consumers to continue to trade when they click the "disagree" button, rather than deprive them of the possibility of shopping.

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