Global Legal Issues OF E-Commerce Hierarchy

Posted by Sohail Khatri  |  at  10:07 PM No comments

Global  Legal Issues OF E-Commerce Are the jurisdiction to try offences under the ETO is vested with the session courts in Pakistan. It may not be  out of place to mention here about the hierarchy of courts in Pakistan . Law is broadly  divided into two classes on the basis of nature of wrong, namely, civil law and criminal law. Civil law deals  with the private rights of the parties, whereas the object of criminal law is to punish the wrong-doer. Civil  wrongs such as breach of contract are deemed to violate only the rights of individuals and not the society in  general. On the other hand, a criminal wrong (crime) is an act deemed by law to be harmful to the society in  general such as theft or murder Legal Issues etc. and the state itself is a party in such matters.

Legal Issues OF E-Commerce HierarchyAt the bottom of hierarchy, the court having jurisdiction to try civil wrongs is the civil court and the one  having jurisdiction to try crimes is the court of magistrate. Appeal against the decision of a civil court or  magistrate, in many cases, can be filed in the District court (in civil matters) and in the Session court (in  criminal matters), respectively. Further,In Legal Issues an appeal can be filed in the High court, in most cases, against the  decision of the district/session court.
Likewise, the decision of the High court can be challenged in most cases before the Supreme Court of  Pakistan, which is the apex court (the court at the top of the hierarchy). It may be noted that High Court in  certain matters has an extraordinary jurisdiction to entertain cases under Article 199 of the Constitution of  Pakistan, which is called the writ jurisdiction of the High Court. Legal Issues or instance, where a government body has  breached any law, a writ can directly be filed in the High court against such a body.  Hierarchy of Courts Hierarchy of Courts

Most of the countries have, by now, made laws providing recognition to electronic documents and  electronic signatures. They have basically followed a model law on e-commerce proposed by a U.N. body  called UNCITRAL (United Nations Commission on International Trade Law) in 1996. On analysis, it  appears that ETO has certain deficiencies. For instance, difference between an electronic signature and an  advanced electronic signature is not clear. Sections dealing with the offences of violation of informational  privacy and damage to information/informational systems are too broadly worded, which may lead to  confusion. International aspects of e-commerce such as recognition of the foreign certificates and electronic  signatures etc. are missing. Difference in the role of accredited certification service providers and nonaccredited  ones has not been logically defined in the ETO. Above all, the rules (to be made by the Federal  Government) and regulations (to be made by the Certification Council) under the ETO are not in place  after so many years have elapsed since its enforcement Legal Issues.

Related Posts Plugin for WordPress, Blogger...

Get Updates

Subscribe to our e-mail newsletter to receive updates.

Share This Post

Related Posts


Copyright © 2013 Free Online Jobs in Pakistan. WP Theme-junkie converted by BloggerTheme9
Blogger template. Proudly Powered by Blogger.
back to top