网络拍卖欺诈法律规制——以美国经验为视角-legal regulation of online auction fraud - from the perspective of american experience.docxVIP

AbstractThe trading volume of online auction market kept soaring from 2004 to 2007, and transactions via the web have also gradually flourished. In addition to real-time simultaneous interactivity, more global connections space constraints, coupled with convenient and low-cost advantages, are gradually forming a global trading network, and become a typical electronic transactions. However, the virtual network environment together with its cross-boundary nature and uncertainty has also produced many negative issues. The enormous challenge the network now faces is online auction fraud. By casting a shadow over online trading, the internet auction fraud has seriously damaged the online traders legitimate interests and hurt them in the enthusiasm of doing network transactions. Besides, the fraud also limited the prospects for the development of e-commerce. While in response to this growing problem of online auction fraud, the current traditional law has become feeble. Hence there is an urgent need to change the existing law and strengthen relevant legislations in the field of e-commerce in order to adapt to the ever-changing Internet environment. As Chinas e-commerce development lags behind other developed countries, there’s less legislations in this area with no one regulating online transactions, let alone ones specifically regulating the online trading fraud. The current legislation offering regulations on such frauds in China is mainly civil law and contract law, and other traditional civil laws. However, the existing laws and adjustment mechanism of this new type of fraud lack in effective supervision and norms, and some of the existing legal rules applicable to online auction fraud put the injured party on a disadvantaged place which brought difficulty for them to get any relief, So how to regulate the online transactions and prevent the fraud has become a top priority.This paper composes of four parts. The first part reveals the content and nature of the internet