Some Problems On Electronic Consumer Contract Relationship

Flourish of the network economy extends the consumer market as well as the amount of consuming information which is a gospel to the consumer, unfortunately the development of network shopping is blocked by the indirectly exchange manner between parties and the hidden trouble within the internet transaction relationship,as well as increases the possibility of consumer's legitimate rights violation. However, after investigating the international and domestic legislation of the various countries, the author discovered that although there are a lot of international and domestic electronic commerce related legislation, rights protection specific legislation for network consumers is very less, which mainly concentrates on data protection, identification and electronic payment, as a consumer as well as a legal learner,the author profoundly realizes the importance of the regulation of consumer rights protection in legal system of network economy, therefore, chooses the topic of"international comparison on the legal protection of consumer rights in the electronic commerce", selects B2C as a standpoint of the discussion, studies on the legal protection of consumer rights in the environment of network economy.The subject of legal relationship on internet shopping is in the central position of the legal relationship. Subject system of network economy, comparing to the traditional economic form, has some different characters, such as universality, unreality, multi-dimensional image and diversification of execution and so on. Due to the comprehensive subject, it needs to establish the scientific market access system in order to guarantee the legality of subject; to establish the identification system to guarantee the authenticity of virtual subject; The multi-dimensional image of subject induces the anxious need of comprehensive protection of subject right; But the way of subject right execution needs to identify the right, the duty and the responsibility of subject.Along with the rapid evolution of Internet technology and more frequent intercommunion of international economy, the consumer issues also increase and have more diversification, the traditional solution of consumer controversy can not realize a prompt and proper controversy solving today, a law is need. What kind of principle and what kind of spirit of consumer rights protection are the soul of the entire legislation process and the measurement of legislation effect, and they are also the principal questions on the consumer rights protection. In China, although the internet shopping is still the initial period ,the development speed and the influence can not be underestimated. We must combine the vision of international with the condition of China, and gradually improve the legal framework of Chinese internet shopping , this is an long-term, arduous and complex social project, it will certainly boost to constructs an harmonies socialistic society which is a more democratic, jural, fair, justical, faithful, companionate, vital and stable society. According to the international legislation and the condition of China, based on economical legal theory, holding the standard of social responsibility and the principle of balance coordination, the author creatively proposes the principle of equal protection, the principle of special protection, the principle of synthesis protection and the principle of balance coordination.