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Paper Information

Journal:   MAJLIS & RAHBORD   FALL 2014 , Volume 21 , Number 79; Page(s) 95 To 122.
 
Paper: 

AN CRITIQUE ON LEGISLATIVE-PENAL POLICY TOWARDS CRIMES AGAINST CONSUMER RIGHTS IN E-C

 
 
Author(s):  HEYDARI ALI MORAD*
 
* 
 
Abstract: 

According to Chapter I Part "Exclusive Support in Electronic Commerce" in Law on Electronic Commerce, suppliers must observe the consumer's rights. Violating these rights is Crimes against Consumer's Rights which includes: providing goods and services without giving information affecting on consumer's decision-making, lack of the preliminary data certification or failure in sending supplementary information, violating requirements of information certification, lack of identification and supplier’s intention at the beginning of phonic conversation, flaw in consumer’s withdrawal right and impossibility of supplier’s commitment.
The question is whether is the penal policy towards crimes against consumer’s rights is effective and suitable. The paper seeks to analyze the general as well as particular components of crimes against consumer’s rights in electronic commerce Law, and also this theory has been discussed that "Traditional Penal Policy" based on Criminalization and Penalization and non-inclusion of "Lenient Penal Policy - lenience and negligent behavior about small violations stipulated in 1392 Islamic punishment law towards electronic commerce violations - is not a useful and proper way, but particular nature of Electronic Commerce required "Differentiated Criminal Policy" based on technological prevention, corporate oversight, empowering and protection for consumer.
Particularly, the paper will propose one specific measure - the "credit card chargeback" - that appears to be gaining acceptance as a viable consumer-protection measure in an electronic commerce environment.

 
Keyword(s): PENAL POLICY, EECTRONIC COMMERCE, SUPPLIER, CONSUMER, CHARGEBACK, COMMUNICATION
 
References: 
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