중국민법에서의 디지털 제품 하자담보책임에 관한 고찰 = A Study on the Liability for Defects in Digital Products under Chinese Civil Law

다국어 초록 (Multilingual Abstract)

In today’s digital era, digital products such as music, films, games, and cloud services have become common objects of trade. Nevertheless, the Chinese legal system has yet to establish clear regulations governing transactions involving digital products, nor has it defined explicit criteria for determining defects in such products. In particular, there remains significant ambiguity regarding the legal nature of digital products, the standards for assessing whether a digital product has quality defects, and the effective remedies available to consumers in the event of disputes arising from defective digital products. The absence of a well-defined judicial approach in this regard has limited the avenues for redress in cases involving liability for defects in digital products. To address these issues, it is imperative to first clarify the legal definition and classification of digital products within the Chinese legal framework.
Unlike traditional physical goods, digital products may be subject to technical and functional defects rather than tangible defects, making it impractical to apply conventional criteria for defect assessment. Therefore, the definition of digital products should extend beyond physically existing goods to encompass a broad range of digital services. This expanded definition will enable the establishment of concrete standards for determining defects in digital products, with a focus on the qualitative standards of services provided to consumers.
Furthermore, digital product providers bear various obligations in relation to the provision of services, necessitating a clear delineation of their liabilities within contractual relationships involving digital products. Additionally, explicit guidelines must be formulated to specify the remedies available to consumers in cases of defective digital products, ensuring that they have access to effective redress mechanisms. This study suggests that the establishment of such a legal framework will serve as a foundation for effectively resolving disputes arising in digital product transactions.