网络交易中消费者权益的工商执法保护研究

发布时间：2018-03-14 22:28

本文选题：工商执法　切入点：网络交易　出处：《云南大学》2015年硕士论文　论文类型：学位论文

【摘要】：工商行政管理部门作为国家行政执法机关之一,主要履行市场监管职责。近年来,我国市场经济体系的构建过程,就是按照立法规则、游戏规则和裁判规则的内在逻辑关系稳步进行的,充分体现了市场是规则的导向和驱动,规则是市场的依靠和保障。本文着重讨论工商行政执法部门的保护职能,即维权职能,它是工商行政管理部门的一大重任。我国消费者权益保护工作虽然起步晚,但发展极为迅速。从设立消费者组织,到保护消费者权益的专门立法,再到对侵害消费者权益行为的查处,都可以看出政府对保护消费者权益工作的重视和支持。但执法保护工作展开的并不顺利,随着生活方式的多元化,来自各个方面的因素导致出现的执法困境也越来越复杂,因此,必须在社会管理创新方面积极寻找出路,破解难题,适应政府管理创新的需要。网络交易是一项系统工程,是在高度依赖新技术和众多社会公共产品、共用设施、公共资源的基础上对传统商务交易模式的变革,一旦出现消费侵权行为就会造成非常严重的后果,本文从网络交易中消费者权益保护的角度出发,探讨工商执法部门的执法保护职能,在从传统的角度来对消费者权益的保护提出对策的同时,我们更要从新的角度来突破传统的模式,为工商执法提出建议和意见,为我国法制进程添砖加瓦,为市场经济的繁荣贡献一份力量。
[Abstract]:The administrative department for industry and commerce, as one of the state administrative law enforcement agencies, mainly performs the duties of market supervision. In recent years, the construction process of China's market economic system has been based on the legislative rules. The inherent logical relationship between the rules of the game and the rules of the referee has been carried out steadily, which fully reflects that the market is the direction and drive of the rules, and the rules are the reliance and guarantee of the market. This paper focuses on the protection function of the administrative law enforcement department for industry and commerce, that is, the function of safeguarding the rights of rights. It is an important task for the administrative departments of industry and commerce. Although the work of protecting the rights and interests of consumers in China started late, it has developed very rapidly. From the establishment of consumer organizations to the special legislation to protect the rights and interests of consumers, To the investigation and punishment of violations of consumers' rights and interests, we can see that the government attaches importance to and supports the work of protecting consumers' rights and interests. However, the implementation of law enforcement and protection work has not been smooth, and with the diversification of the way of life, The difficulties of law enforcement arising from various factors are becoming more and more complicated. Therefore, we must actively find a way out in social management innovation, solve the difficult problems and adapt to the needs of government management innovation. Network trading is a systematic project. On the basis of a high degree of reliance on new technologies and numerous social public goods, common facilities, and public resources, the transformation of the traditional business transaction model will result in very serious consequences once there is an act of consumer infringement. In this paper, from the perspective of the protection of consumers' rights and interests in network transactions, this paper discusses the law enforcement and protection functions of the law enforcement departments for industry and commerce, and puts forward countermeasures for the protection of consumers' rights and interests from the traditional point of view. We should break through the traditional mode from a new angle, put forward suggestions and opinions for the law enforcement of industry and commerce, contribute to the process of our country's legal system, and contribute to the prosperity of the market economy.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8

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