The Law Study Of Consumer's Rights Protection In Network Transaction

Since the1990s, the development of network technology has opened up a new business model,the network transaction. As a new kind transaction, it has incomparable advantages to the traditionaltransaction. Now, undoubtedly online shopping has become the first choice. Stand on theconsumer's part, the network transaction has bring convenient to the consumer, just as moreconvenient services, lower prices, more diverse and more economic consumption. But because ofthe security of network, the sound of laws and regulations, the consciousness of consumers and theconstraint of market environment, the network transaction to the consumer's rights and interestsraises new questions and challenges. Therefore, under the network environment, the protection ofconsumers' rights and interests is particularly important.The paper first explicates the basic theory about consumer rights protection in networktransaction. Then analyze the violations of the present situation and the reasons proceed with. Nextthe paper draws the foreign practice and what we should learn. Last we should set our legal systemand in order to protect our consumers' rights. As follows:The first part which illustrates the theory about consumer rights protection in networktransaction paved the way for the whole paper. It discusses two groups of concepts of electroniccommerce and network transaction, the general consumers and online shopping consumers, thenanalyzes the influence and challenge the network transaction brought to us. The second part throughdraw the situation, analyzes the violations reasons the consumers faced in the network transaction.Powers have been violated concluded: security trading rights, privacy, the right of free choice, theright of fire trade and damage claim. The reasons are: asymmetry information in networktransaction, the pursuit of maximum profit and lack of effective relief mechanism. The third partlists legislation system abroad on consumer rights protection in network transaction. LikeOECD,EU,US and Germany have formulated relevant legal system to protect the consumers' rightsin network transaction. Representative regulations are as: the OECD guidelines for consumerprotection in electronic commerce recommendation (passed in1999), the instruction in remotecontract consumer rights protection (adopted by the European Union in1997), the framework forglobal electronic commerce (American), and the uniform computer information transactions law(American).After learnt from them, we should build our system on network transaction to protectthe consumers' rights. The last part of the paper, proposes the legal system constructions in ourcountry about consumers' rights protection in network transaction. From the four aspects to propose: built the laws and regulations of our country system, proposes the system of consumer protectionbefore transaction, on transaction, and after transaction.