计算机软件有偿下载的消费者权利保护问题研究
发布时间：2018-11-25 21:21
【摘要】：电子商务按照对计算机网络依赖程度的不同，可以分为完全的电子商务和不完全的电子商务。不完全的电子商务技术含量比较低，与传统有形商品交易的区别主要是合同形式的问题，因此可以在传统法律框架内得到解决。随着科技的发展和研究的深入，从合同缔约阶段到履行完毕的全过程都借助于计算机网络的完全的电子商务大量涌现，其所要面临的问题比不完全的电子商务更多更复杂，消费者权益受到各种显性或隐性侵犯的可能性也越来越大。本文即选取计算机软件在网络上有偿下载这一典型的完全电子商务类型，以对消费者一方主体的保护为侧重点，通过对一些具体环节的剖析，试图借助于技术手段和法律手段的结合，为网络时代消费者自我保护措施的加强和消费者立法的完善途径做初步的探讨。 法律关系尤其是法律关系的主体是部门法具体制度设计的基础。以法律关系的界定为主线，全文的主体部分包括引言和正文。正文分为四章，分别对计算机软件有偿下载的交易环境、传统民商法对计算机软件交易秩序的维护、消费者依据以上环节实现自我保护的途径以及相关立法在电子商务形势下的必要反应作出论述。正文前三章各分为三节。 第一章主要是对论文的标题进行简单的解释。其内容是对电子商务条件下消费者权利保护出现的新问题进行归纳，，论述计算机软件下载的特殊性、有偿下载及消费者概念的问题。 第二章是结合计算机软件网上交易过程中的具体环节，从与之相关的物权法、合同法和人身权法入手，对这些问题的现象和实质进行分析，论述传统部门法对这些具体环节予以调整的必要性和可能性，以及进一步完善和细化的方向。 电子商务的复杂环节对立法的面面俱到提出要求。同时，电子商务技术的日新月异又使得立法滞后性的特征愈益突出。因此，电子商务的立法倡导指导性规范和行业自律相结合。适应这一发展趋势，第三章系统阐述了消费者在电子商务(主要是B2C)活动中实现自我保护的方法，包括了解相关信息、保障交易安全以及救济手段等等。 第四章作为论文的结尾，要做到在得出结论的同时呼应前文的内容，论文基本按照交易的程序和从实体法到程序法的顺序来安排立法在电子商务形势下的必要反应。
[Abstract]:E-commerce can be divided into complete e-commerce and incomplete e-commerce according to its dependence on computer network. The incomplete electronic commerce technology content is relatively low, and the difference between it and traditional tangible goods trading is mainly the problem of contract form, so it can be solved within the traditional legal framework. With the development of science and technology and the deepening of research, the whole process from contract contracting stage to completion of performance has come forth in large numbers with the help of complete electronic commerce of computer network, and the problems it has to face are more and more complicated than incomplete electronic commerce. Consumer rights and interests by various explicit or implicit violations of the possibility is also increasing. This article selects the computer software to download in the network paid this typical complete electronic commerce type, with the consumer one body protection as the focal point, through to some concrete links analysis, With the help of the combination of technical means and legal means, this paper attempts to make a preliminary discussion on the ways of strengthening consumer self-protection measures and consummating consumer legislation in the network age. The subject of legal relation, especially the subject of legal relation, is the basis of the design of specific system of department law. With the definition of legal relationship as the main line, the main part of the full text includes the introduction and the text. The text is divided into four chapters, respectively, the trading environment of paid download of computer software, the maintenance of the order of computer software trading under the traditional civil and commercial law, According to the above-mentioned measures of self-protection and the necessary response of relevant legislation under the situation of e-commerce, consumers discuss. The first three chapters are divided into three sections. The first chapter is a brief explanation of the title of the paper. The content is to sum up the new problems in the protection of consumers' rights under the condition of electronic commerce, and discuss the particularity of computer software download, the problem of paid download and the problem of consumer concept. The second chapter is to analyze the phenomenon and essence of these problems from the aspects of property law, contract law and personal right law, combining with the specific links in the process of online trading of computer software. This paper discusses the necessity and possibility of adjusting these concrete links by traditional branch law, and the direction of further perfection and refinement. The complicated links of e-commerce require all aspects of legislation. At the same time, the rapid development of e-commerce technology makes the feature of legislation lag more and more prominent. Therefore, the legislation of e-commerce advocates the combination of guiding norms and self-discipline. In order to adapt to this trend, the third chapter systematically expounds the methods of self-protection of consumers in e-commerce (mainly B2C) activities, including the understanding of relevant information, the security of transactions and the means of relief and so on. The fourth chapter as the end of the paper, in order to reach a conclusion while echoing the previous content, the paper basically according to the transaction procedures and the order from substantive law to procedural law to arrange the necessary response of legislation in the situation of electronic commerce.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D913
本文编号：2357406
[Abstract]:E-commerce can be divided into complete e-commerce and incomplete e-commerce according to its dependence on computer network. The incomplete electronic commerce technology content is relatively low, and the difference between it and traditional tangible goods trading is mainly the problem of contract form, so it can be solved within the traditional legal framework. With the development of science and technology and the deepening of research, the whole process from contract contracting stage to completion of performance has come forth in large numbers with the help of complete electronic commerce of computer network, and the problems it has to face are more and more complicated than incomplete electronic commerce. Consumer rights and interests by various explicit or implicit violations of the possibility is also increasing. This article selects the computer software to download in the network paid this typical complete electronic commerce type, with the consumer one body protection as the focal point, through to some concrete links analysis, With the help of the combination of technical means and legal means, this paper attempts to make a preliminary discussion on the ways of strengthening consumer self-protection measures and consummating consumer legislation in the network age. The subject of legal relation, especially the subject of legal relation, is the basis of the design of specific system of department law. With the definition of legal relationship as the main line, the main part of the full text includes the introduction and the text. The text is divided into four chapters, respectively, the trading environment of paid download of computer software, the maintenance of the order of computer software trading under the traditional civil and commercial law, According to the above-mentioned measures of self-protection and the necessary response of relevant legislation under the situation of e-commerce, consumers discuss. The first three chapters are divided into three sections. The first chapter is a brief explanation of the title of the paper. The content is to sum up the new problems in the protection of consumers' rights under the condition of electronic commerce, and discuss the particularity of computer software download, the problem of paid download and the problem of consumer concept. The second chapter is to analyze the phenomenon and essence of these problems from the aspects of property law, contract law and personal right law, combining with the specific links in the process of online trading of computer software. This paper discusses the necessity and possibility of adjusting these concrete links by traditional branch law, and the direction of further perfection and refinement. The complicated links of e-commerce require all aspects of legislation. At the same time, the rapid development of e-commerce technology makes the feature of legislation lag more and more prominent. Therefore, the legislation of e-commerce advocates the combination of guiding norms and self-discipline. In order to adapt to this trend, the third chapter systematically expounds the methods of self-protection of consumers in e-commerce (mainly B2C) activities, including the understanding of relevant information, the security of transactions and the means of relief and so on. The fourth chapter as the end of the paper, in order to reach a conclusion while echoing the previous content, the paper basically according to the transaction procedures and the order from substantive law to procedural law to arrange the necessary response of legislation in the situation of electronic commerce.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D913
【引证文献】
相关硕士学位论文 前1条
1 易伶俐;网上交易中消费者权益保护的立法思考[D];四川大学;2006年
本文编号：2357406
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