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Rules Of Electronic Error

Posted on:2016-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:X N KouFull Text:PDF
GTID:2296330461973781Subject:Law
Abstract/Summary:PDF Full Text Request
With the Internet era’s going, electronic technologies get unlimited prospects of development while also bring a series of development problems, namely an electronic error among. In Real life, more and more electronic contract disputes large part caused by the electronic error. However, due to the lack of regulation of electronic error rule disputes, judicial practice, only use the traditional legal concepts and legal system to make the decision, which makes court decision difficult to soothe discontent of both parties and does not reach the judicial effect of knot things.This paper combined with the large network activists-Dangdang "809 wrong price" case, come out the dispute focus of both parties, pointing out the nature of the case for electronic error. On the basis of electronic error,we analysis the legal issues, such as the first study to solve the problem of electronic wrong precedent rule, two lines from home and abroad to resolve electronic misconceptions. Followed by discussion of the legal issues raises electronic error, including qualitative and effectiveness analysis of the impact on the validity of contracts, Dangdang transaction terms. The words include the analysis and comparison with the other similar cases, the information and reference for legal foreign electronic error in the rules. Then, we ultimately come to an electronic error rule for our country. After that, we sum up the remedy of electronic error. According to different types of electronic error, the paper draws different legal responsibility in the case, with reference to foreign legislation. Finally, the author tries to draw the proposed rules to build China’s electronic wrong idea, mainly about the options and determine of the specific rules from the legislative model. For examples, how to make clear of the electronic misconceptions; be sure of the establishment standard of electronic contract; improve the offer and acceptance rules; put forward the standard terms of the use of online shopping platform specification rules; and to allocate the right to establish relief mode. Through out the words the paper interspersed with analysis of the case and the issues mentioned in the epilogue to respond to the case, then combine with the status quo of China’s legislature to find ways to deal with such problems. All this is to get the rules on the future of electronic error, constantly improve our contract and e-commerce legal system as soon as possible with the principles of international e-commerce legislation in line and to meet the needs of e-commerce transactions.
Keywords/Search Tags:Electronic error, contract efficacy, format clause, legal remedies
PDF Full Text Request
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