In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consu...In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consumers will take consumer cooling-off period system as an important consumer right.2 Because it is a new system different from traditional civil law ＂principle of obeying compacts＂ , and the theoretical research on the calm period by scholars is still not mature enough. This paper discusses the consumer cooling off period from the theoretical perspective, and its legal origin, and puts forward and demonstrates legal principles and the legal basis the cooling off period system should follow.展开更多
Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development...Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development of TV shopping industry, compared with traditional store sales, in these special sale areas consumers＇ rights and interests are more likely to get harmed. From March 15, 2014, the newly revised ＂China consumer protection law＂ will formally implement cooling-off period legal system in special sale areas.2 Because it is a new system different from ＂obligatory compact principle＂ in traditional civil law, the scholars＇ theoretical research on cooling-off period system is still not mature enough. This paper discusses cooling-off period system from the theoretical level, puts forward the designation problem of cooling-off period system, discusses complete concepts of cooling-off period system, and puts forward its legal characteristics as a new consumer rights.展开更多
Recent studies have shown that the perceived lack of security is a major obstacle to the wider acceptance of e-commerce. To overcome this barrier, businesses need to implement comprehensive consumer protection systems...Recent studies have shown that the perceived lack of security is a major obstacle to the wider acceptance of e-commerce. To overcome this barrier, businesses need to implement comprehensive consumer protection systems that protect consumers during every stage of the purchasing process. This paper used the consumer behaviour model as the basis for analysing risks in Bussiness-to-Consumer (B2C) transactions. Four categories of risks were identified: information, agreement, payment and delivery risk. By combining these risk categories with the three dimensions of management, technology and legislation, a comprehensive B2C consumer protection framework is developed.展开更多
The paper is devoted to the corporate governance intelligence system investigation as the part of the complex stakeholder-related approach to the corporate strategic intelligence system （CSIS）. The special attention...The paper is devoted to the corporate governance intelligence system investigation as the part of the complex stakeholder-related approach to the corporate strategic intelligence system （CSIS）. The special attention is given to the minority shareholders activism in the system of corporate governance. Some existing methods of abusing minority shareholders rights, made by joint-stock companies executives, are generalized. The recommendations for minority shareholder＇s rights protection are given. The necessity for the implementation of the stakeholders-oriented approach for the CSIS creation on the base of companies＇ security principles is substantiated.展开更多
The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model syst...The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.展开更多
文摘In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consumers will take consumer cooling-off period system as an important consumer right.2 Because it is a new system different from traditional civil law ＂principle of obeying compacts＂ , and the theoretical research on the calm period by scholars is still not mature enough. This paper discusses the consumer cooling off period from the theoretical perspective, and its legal origin, and puts forward and demonstrates legal principles and the legal basis the cooling off period system should follow.
文摘Along with the rapid development of modem China economy, some new business modes and sale areas continuously emerge in markets. For example with the continuous popularity of consumer online shopping, rapid development of TV shopping industry, compared with traditional store sales, in these special sale areas consumers＇ rights and interests are more likely to get harmed. From March 15, 2014, the newly revised ＂China consumer protection law＂ will formally implement cooling-off period legal system in special sale areas.2 Because it is a new system different from ＂obligatory compact principle＂ in traditional civil law, the scholars＇ theoretical research on cooling-off period system is still not mature enough. This paper discusses cooling-off period system from the theoretical level, puts forward the designation problem of cooling-off period system, discusses complete concepts of cooling-off period system, and puts forward its legal characteristics as a new consumer rights.
文摘Recent studies have shown that the perceived lack of security is a major obstacle to the wider acceptance of e-commerce. To overcome this barrier, businesses need to implement comprehensive consumer protection systems that protect consumers during every stage of the purchasing process. This paper used the consumer behaviour model as the basis for analysing risks in Bussiness-to-Consumer (B2C) transactions. Four categories of risks were identified: information, agreement, payment and delivery risk. By combining these risk categories with the three dimensions of management, technology and legislation, a comprehensive B2C consumer protection framework is developed.
文摘The paper is devoted to the corporate governance intelligence system investigation as the part of the complex stakeholder-related approach to the corporate strategic intelligence system （CSIS）. The special attention is given to the minority shareholders activism in the system of corporate governance. Some existing methods of abusing minority shareholders rights, made by joint-stock companies executives, are generalized. The recommendations for minority shareholder＇s rights protection are given. The necessity for the implementation of the stakeholders-oriented approach for the CSIS creation on the base of companies＇ security principles is substantiated.
文摘The revised Law on the Protection of the Rights and Interests of Consumers （Consumer Protection Law）, which sums up nearly twenty years of the evolution of Chinese punitive damages regulations, sets out a model system of punitive damages. These are in essence a special kind of penalty under a dual public-private legal system in which the punitive and deterrent functions of public law are realized through the mechanism of private law. Their application should be guided by the public law principle that the penalty should be proportionate to the offence. The question of whether the penalty is appropriate arises in the application of the two forms of punitive da^riages prescribed in the Consumer Protection Law--whether used separately or together, or in conjunction with or independently of fines or financial awards. The application of the new punitive damages regulations may overlap with the application of China＇s Food Safety Law and Tort Liability Law.
