| Online shopping has expanded greatly in recent years, because it is different with tradition, many countries' laws and regulations can not adjust this new trading mode, even appear the law blank. As a result, thousands of frauds are committed on the net markets, a safe trading market is needed for both sellers and buyers. In this thesis, we will analyse the legal attribute of online shopping, in order to found a safe trade environment.This thesis is divided into five parts. The first part is about the formation and coming into effective on online shopping contracting. First, differentiated offer, invitation and acceptance, disscused when and where contract can be formed. Then, analysed the influence of the anonymous transaction, the cheat transaction and the standard form contraction the anonymous transaction, the contractor still have the civil capacity, but the guardians should have more guardianship; the cheat transaction is without dispute no longer effective, but it is hard to solute the question; there are a lot of standard form contact in the online shopping, they are effective unless they are unfair.The second part analyzed the matters on the implementation of online shopping contract. Take Taobao for example, explains how the contract implements by analyzed the contractor's rights and obligations.The third part talks about the shopping website's legal status and its liability when contractors are cheated. The shopping website is a net presence, which supplies a online transaction service and other accessory services. By today's technology, it is unfair for the shopping website to undertake joint liability. The shopping website should report truly, or it should take on some liability.The forth part is about the dispute resolution. At present, it is difficult to resolute the dispute by judicial way: there has been much dispute over the question of defendant, jurisdiction and evidence. Moreover, there is some law blank. At the same time, there are some alternative dispute resolution, included online dispute resolution and the shopping website' self-rule.The fifth part introduced the experience of minimizing risks in the online shopping, in order to find the effective way to promote a safe trading environment. Established online credibility system and a safe fund, which can promote the transaction security effectively. Public organization and society can play the positive role, too.In a word, the development of online shopping needs a well legal environment and a health credibility system, as well as the societies' adjust and shopping website's self-rule. |
PDF Full Text Request