A Study On Legal Issues Of Consumers' Rights And Interests Protection In Electronic Contract

Accompanied with the Internet's development, E-commerce ( Electronic Commerce)in our country is presenting the booming trend. Its speed of development, influence and superiority isn't underestimated. As a kind of new transaction mode, E-commerce normally is accomplished by E-contract (Electronic Contract) from the perspective of legal revelation. We must recognize that the application of E-contract indeed played an important role in improving the efficiency of on-line transactions. However, we also should notice that E-contract is still in the initial stage of development. Thanks to some relevant factors, such as network environment, legal environment policy, there are still many potential safety dangers, which will make consumers facing more legal risks in the on-line transaction by using E-contract. So how to protect consumers' rights and cultivate their confidence becomes a key question on the promotion of the development of E-commerce.Starting from the E-contract, this article first introduces the definition, features and classification of E-contract, clarities of the scope of consumers in E-contract. On this basis, this article analyses issues consumers are in common facing in the process of the application of E-contract from E-contract's making, fulfilling, breach and dispute solution and so on. These includes the identification of pasties'identity and ability to make a contract, E-contract's formal request, information publishing duty, electronic fault, inertia selling, acknowledgement of receipt and consumers'right to receive confirmation, the choice of methods to fulfil contracts, the special provisions of the dates to fulfil contracts, the special protection of consumers in the information product contract, consumers'right of withdrawal without penalty and without giving any reason, the network of consumer rights protection under the contract, the responsibility defining and bearing, electronic format contract and so on. The author puts forward some proposals for resoluting these issues. At the same time, because of lack of E-commerce legislative practice in China, it's necessary to learn from the advanced experience of developed countries to speed up the legislative process of protecting consumers' rights and interests in the network. So this article also introduce legislation and practice which protect consumers in E-contract in the foreign countries. Finally, The author expounds his views and recommendations in the construction of legislation idea which protect consumers'rights and interests in E-contract. Now E-contract has been popular. Based on the balance of e-commerce development and consumer justice, my country should establish a rational system of e-commerce consumer protection rules through the improvement of law.