Study On C2C Online Shopping Fraud Issues

By the rapid development of online shopping, online shopping fraud problem(hereinafter referred to as “the problem) is getting more and more attention from the theoryand practice field of law. C2C online shopping has become the mainstream, and makes theC2C problem particularly important. C2C online shopping is a form of electronic commerce.We start slowly in the field of electronic commerce law. Legislation and the related supportingsystem fall behind and can not adapt to the reality of development of China’s e-commerce.Therefore, we should speed up the construction of electronic commerce law and othersystems.This article is divided into six parts to discuss the problem. The first part is about thebasic theory of C2C online shopping fraud. I make conclusion on the C2C online shoppingfraud through the definition of online shopping fraud. On this basis, this paper demonstratesthe characteristics of the C2C online shopping fraud, and lays theoretical foundation for thelater discussion. The second part analyses the exiting laws and regulations of the C2C onlineshopping fraud and points out the insufficiencies and flaws in the existing legal system in ourcountry. By means of the comparison research method, the third part discusses relatedlegislation experience from European and American, mainly in the United States andGermany. The fourth part analyses the requirements of the C2C online shopping fraud inorder to offer certain standards for the practice field. The fifth part is the focus as well as thedifficulty of this article and mainly analyses the legal responsibility of the fraud. On this issue,the controversy is that judgment of the legal liability. This article is based on several exitingtheory on the legal status of C2C online shopping website and distinguishes from the chargeand free of charge to explicit the different circumstances of legal liabilities. In addition, thispart points out the specific forms of responsibilities of the C2C online shopping fraud networkand the difficulties of the existing system to investigate the legal responsibilities. According tothe characteristics of the C2C online shopping fraud and the fifth part which points out thatthe plight of the investigation for legal responsibility, the sixth part puts forward someregulation measures on both legislation and practice. The legislation should perfect the legalsystem of electronic commerce. In practice, it is better to adopt the network real-name system, leading compensation system, online credit evaluation system to establish a set of relativelycomplete regulation measures in theory and practice field.