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Research On The Legal Issues Of Consumer Rights Protection In The Sharing Economy Model

Posted on:2020-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2436330599955620Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of network technology,the sharing economy,as a new economic model based on network technology,realizes the reuse of idle resources and quickly enters people’s daily life with novel operating mechanism and unique transaction structure.All aspects have been recognized and accepted by consumers and become one of the mainstream forms of transactions in China in recent years.However,the sharing economy also has some drawbacks.In particular,the protection of consumer claims,the right to know,and the right to security inevitably conflict with existing laws and regulations and traditional trading rules,and become a legal issue that needs to be taken seriously and urgently needed to be resolved.Through in-depth analysis and exploration of specific problems in these aspects,this paper proposes some reasonable and scientific legal suggestions on how to solve these problems,and strives to provide an optimized rule of law environment for the protection of shared economic consumer rights.In addition to the introduction,this article is divided into four parts,the main contents are as follows: The first part is mainly the theoretical basis of the sharing economy.By combing the origin and development of the sharing economy,defining the definition of the sharing economy,analyzing the main characteristics of the sharing economy,and then further analyzing the structure in the sharing economy,including sharing the subject,sharing the object and sharing platform,and finally the content of the legal relationship in the sharing economy.The analysis is carried out,and the sharing economy is divided into a platform-based shared economic model and a self-operated shared economic model,and the main research object platform sharing economic model is defined.The second part analyzes the problems of consumer rights protection in China’s shared economic model.The main manifestations are: consumer claims are difficult to achieve,can not guarantee the security rights of consumers in the sharing economy model,consumers’ right to know is vulnerable,the sharing economy lacks market supervision and risk management,and the reasons are summarized and summarized.It is mainly caused by the lag and lack of legislation in the areas of responsibility,difficulty in determining responsibility,unreasonable responsibility and division of responsibility,personal information security and loopholes in personal and property information security.The third part mainly draws on the advanced experience of consumer protection of the extra-territorial sharing economic model.This part provides a certain reference for the protection of consumer rights in China’s sharing economy based on the analysis of the relevant foreign foreign legislation and the fact that it is based on China’s actual national conditions.The fourth part is the perfect proposal for the protection of consumer rights in the shared economic model in China.Firstly,suggestions are made from the improvement of the civil legislation of consumer rights protection in the shared economy model,respectively to determine the sharing platform as the responsible subject,the obligation to share the economic resource provider and the sharing platform,determine the responsibility allocation standard for the consumer,and improve Personal information security protection and improved sharing of economic liability insurance system to put forward specific views.Secondly,make suggestions from strengthening other countermeasures for consumer protection in the shared economy model.
Keywords/Search Tags:Sharing economy, consumer rights Protection, Sharing Platform, Idle resources
PDF Full Text Request
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