| Click and point contract is one of contracts forms that are widely used in Electronic Business transaction .It greatly promotes the efficiency of deal in the network .Click and point contract is a standard E-contract ,which leads to its compound characterististic composed by both the character rustics of E-contract and those of traditional standard.Therefore in this kind of emerging online transaction pattern ,online consumer's each kind or rights and interests is extremely easy to receive the violation.In the circumstances,basing on our country situation and using the experience of other countries for reference ,connecting the research methods of law and Electronic commerce , compatative analysis and demonstration analyasis .Thus defends the online consumer's legitimate right and interests,finally builds a good network transaction environment for the consumer, can have the contribution by the time.In the preface I present the condition of the research field in both here and abroad, and the given achievements in related fields. At the same time, I introduce briefly the intent and meaning of the thesis.In Chapter 1, I analyze concept and characteristic of Click and point contract from the characteristic of online-trade , combine the basic theories of the traditional form contract based on this, have made analysis to the meaning of the Click and point contract . Relatively use the legislative experience of the other countries and practice looks of our country for reference, involve around contract body question, meaning expression.In Chapter 2, with the method of comparative analysis, I mainly analyze how to protect the consumer's rights and interests before the Click and point contract,which is also the information disclosure systyem.The information disclosure systyem in Click and point contract has sgfeguars the online consumer's rights to information, enables the consumer to make the correct transaction decision-making.The information disclosure system includes the production operator, commodity or service as well as system includes the production operator,commodity or service as well as transaction information, thus make the theory uphohstery for the information disclosure system in our country's Electronic commerce.In Chapter 3, with the method of demonstration analysis, I mainly analyze how to protect the consumer'right and interests just in the Click and point contract , which is also carries on the regulation for Click and point contract provision harming on-line consumer's interests. This is protects on-line consumer's right entitlement, promotion Electronic Commerce transaction healthy development request, which includes jusicial regulation and legislation regulation two aspects.Simultaneously unified our country present law of contract to carry on to the form contract rules and regulation evaluate and obtains the enlightenment.The goal is establishes for our country in view of the specially legislation of Click and point contract ,maintains consumer's rights and interests to complete the practice upholstery.Chapter 4 discussed some related issues on system of judicial remedies to consumer protection, after dealing in click and point contract. Dealing with the click and point contract, to protect interests of one's own by law, consumer on line have to solute following problems when cheated: First, to choose the court that has jurisdiction over the case; Secondly, to know the definite law which is suitable to the contract disputes; Thirdly, to propose the lawsuit requests and related supporting evidences. Thus, in the later litigation of the click and point contract, we should provide safeguards to the consumers with the form of system from respects above. |