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Master of laws thesis
I. Research background 7

Second, the research significance 7-8

Three. Research ideas and methods 8-9

Chapter 1 Overview of Off-site Shopping Consumers' Right to Regret 9-22

Section 1 Historical Evolution of Consumers' Right to Regret for Off-site Shopping 9- 1 1

First, the origin and development of consumers' estoppel right 9- 1 1

Second, the origin and development of off-site shopping consumers' right to regret 1 1

In the second quarter, the concept and characteristics of off-site shopping consumers' cancellation right 1 1-22

First, the basic concept of consumers' right to go back on their word in off-site shopping 12- 18

Second, the characteristics of off-site shopping consumers' right to regret 18-22

Chapter II Theoretical Analysis of Consumers' Right to Regret in Off-site Shopping 22-29

Section 1 Economic Analysis of Consumers' Right to Regret for Off-site Shopping 22-25

I. Game Theory Analysis 22-23

Two. Cost-benefit analysis 23-25

Section 2 Legal Basis of Off-site Shopping Consumers' Right to Regret 25-29

1. The emergence of consumers' estoppel right for off-site shopping is the requirement of substantive justice in Contract 25-26.

Second, off-site shopping consumers' right to regret is the guarantee to realize consumer sovereignty 26-27

Third, off-site shopping consumers' right to regret is the embodiment of legal paternalism theory 27-29

Chapter III Comparison of Legal Systems of Off-site Shopping Consumers' Right to Regret 29-47

Section 1 Investigation on the Legal System of Foreign Off-site Shopping Consumers' Right to Regret 29-34

I. Starting time and time limit for the cancellation right of overseas off-site shoppers 29-32

Second, the operator's obligation to inform foreign off-site shopping consumers in the right to regret 32-33

Three. Ways for foreign off-site shopping consumers to exercise their right to regret 33-34

Four. The legal effect of foreign off-site shopping consumers exercising their right to regret 34 pages

Section 2 Investigation on the Legal System of Consumers' Right to Regret for Off-site Shopping in China 34-47

I. Overview of domestic legislation on consumers' right of estoppel 34-38

Two. On the Legal System of Off-site Shopping Consumers' Revocation Right in China 38-47

Chapter IV Perfection of the Right of Regret of Off-site Shopping Consumers in China 47-54

The first section details the scope of application of consumers' right of regret in off-site shopping 47-48.

First, define the scope of business operators' right to go back on their word when consumers shop in different places 47-48

Second, expand the scope of application of consumers' off-site shopping estoppel right 48

Section II: Regulating the Ways and Duration of Consumers' Exercise of Off-site Shopping Prohibition Right 48-50

First, make clear the preconditions for consumers to exercise their right to regret in off-site shopping 48-49

Second, limit the transaction amount of the off-site shopping consumer's estoppel right.

Third, refine the time limit for exercising the rights of off-site shopping consumers 50

Section III: Constructing the Protection Mechanism of Off-site Consumers' Right to Regret 50-5 1

First, open the operator credit evaluation system 50-5 1

Second, give play to the role of consumer organizations 5 1

Section 4 Defining the Responsibilities of Consumers and Operators 5 1-54

I. Consumer Responsibility 5 1-52

Two. Operator's responsibility 52-54

Conclusion 54-56

References 56-58

Research results during school 58-59

Acknowledgement 59

Model 2

Chapter 1 Basic theory of bona fide acquisition of stolen goods 13- 16

Section 1 Overview of bona fide acquisition system 13- 14

Definition of stolen goods in the second quarter 14- 16

First, the concept of stolen goods 14- 15

Second, the characteristics of stolen goods 15- 16

Chapter II: Analysis of the legislative model of bona fide acquisition of stolen goods in various countries 16-20

The first section comments on the legislative mode of denying the bona fide acquisition of stolen goods 16- 17.

The second section is about the legislative mode of confirming the bona fide acquisition of stolen goods.

Comments on the compromise mode in Section 3 18-20

Chapter III Analysis of the Legal Status of Bona Fide Acquisition in China 20-24

Section 1 Provisions of Existing Laws 20-22

I. Relevant legal provisions before the promulgation of the Property Law 20-2 1

Two. Provisions on bona fide acquisition of stolen goods in property law 2 1-22

In the second quarter, the lack of provisions on bona fide acquisition of stolen goods in Chinese laws 22-24

Chapter iv theoretical analysis on whether the transfer of stolen goods is applicable to bona fide acquisition 24-32

Section 1 The reason for refuting bona fide acquisition does not apply to stealing stolen goods 24-26

I'm talking about the reasons 24-25

Second, the cost comparison theory 25-26

Three, the social effect theory on page 26

Section 2 Obtaining stolen goods in good faith must be applied under certain conditions.

I. The legitimate rights and interests of the original obligee must be reasonably protected.

Second, avoid the proliferation of stolen goods, resulting in moral crisis.

Three. Pay attention to the special significance of specific things to the original obligee 27-28

Section 3 Theoretical and practical significance of establishing the conditional application of the system of bona fide acquisition of stolen goods.

First, it can put an end to the situation of numerous laws and confused opinions, which is conducive to a unified understanding of 28-29

Two. Maintaining transaction security meets the actual needs of China's economic development 29-30

Three. Legal concepts of fairness and justice 30-32

Chapter v legislative perfection of bona fide acquisition of stolen goods in China 32-40

The first section strictly stipulates the constitutive requirements of bona fide acquisition of stolen goods 32-34

A, the subject matter is stolen goods 32

Second, the person who has no right of disposal should be the possessor of stolen goods.

Three. The transferee acts in good faith when accepting the subject matter.

Four. The transferee paid a reasonable 33-34 pounds.

Five, the completion of 34 statutory publicity.

Section 2 provides for the right of reply, except for stolen goods obtained in good faith 34-38

I. Nature of the right of reply 35-36

Ii. the subject of the right of reply 36

Three. Time limit for exercising the right of reply 36-37

Four. Free reply and paid reply to stolen goods 37-38

Section 3 Special Problems of Obtaining Stolen Goods in Good Faith 38-39

I. bona fide acquisition of money and bearer securities

Second, the problem of obtaining stolen goods in good faith as property with personal nature or emotional value 38-39

Section IV Legislative Suggestions on Perfecting the Bona Fide Acquisition of Stolen Goods in China 39-40

Conclusion 40-4 1

Reference 4 1-44

P.S. 44

Model 3

I. Connotation of extorting a confession by torture 1 1- 15

(1) Interpretation of Criminal Procedure Law on extorting confessions by torture 1 1- 12

(2) The connotation of extorting a confession by torture 12- 15

Second, the new highlights of the preventive measures for extorting confessions by torture stipulated in the Criminal Procedure Law 15- 19

(a) Increased awareness of human rights protection 15

(2) The court investigation procedure 15- 16, which is legal for obtaining evidence in court, has been formulated.

(3) Formally establish the principle of judging evidence in court trial 16- 17.

(d) Increase judicial openness and strengthen legal supervision.

Three. Lack of measures to prevent extorting confessions by torture in judicial application 19-25

(1) The defendant's "truthful answer" and "no self-incrimination" are contradictory 19-20.

(2) The burden of proof for extorting a confession by torture is borne by the defendant, which is not easy to operate 20-22

(3) Evidence of extorting a confession by torture cannot be excluded. 22-25

Four. Suggestions on preventing extorting confessions by torture 25-33

(1) Supplementary evidence rules and procedural provisions for establishing exclusionary rules of illegal evidence 25-29

(2) Establish the principle of presumption of innocence and break the subjective misunderstanding of legal workers 29-3 1

(3) Strengthen publicity and business learning 3 1-32

(iv) Improving judicial transparency 32-33

Conclusions 33-34

References 34-36

Confirmation 36