On The Legal Protection Of Consumer Rights And Interests Of The Network Buy

The rapid development of the modern information technology and the wideapplication of the Internet have not only brought convenience for people’s productionand life, promoted the innovation and development of global business model, but alsoguided the change of people’s consumption patterns. Online group buying is theproduct in the Internet economy era. Because it has so many advantages such as thesimple and convenient operation, cheap goods and services and so on. Online groupbuying has not only enlarged the consumer market, but also become a new modernand fashionable consumption style for which many consumers are seeking. However,due to some factors such as the complicated relationship among subjects of onlinegroup buying, the non-material object of transaction, the safety issue of transactionmode and hysteresis of market control, there are some restrictions for online groupbuying development. The online shoppers’ legal rights are threatened. Based on awide view of legislation in different countries, there are lots of pieces of legislation one-commerce but very few on protecting online group buyers’ legal rights. They playan important role in market economy as a new consumer group, in the background ofnetwork economy, there is theoretical and practical significance for research on legalprotection of online group buyers’ rights.What is online group buying? Through which mode it’s operated? What are theprominent differences between traditional e-commerce and it? The beginning of thisthesis answers above questions in detail. While discussing these problems, the legalrelationship among objects of transaction should be the focal point of the research.Different from the traditional face-to-face trade, the objects of online group buyingare wide and virtual. To figure out the rights and obligations among objects oftransaction is the necessity.As an imported consumption mode, the current development status and problemsof online group buying are the reasons to do research on online group buyers’ rightsprotection. Through case study, this thesis profoundly studies several basic reasons fordamage online consumers’ rights including market supervision shortage, the existenceof online cheating, formatted group buying clauses, consumer information asymmetry,the leak of consumer information, the immature e-payment, poor after-sales service,imperfect mechanism of consumer remedies and so on. Aiming at above problems, this thesis proposes the vision and specific solutionsfor promote the online group buyers’ legal protection with foreign experience. Thispart of thesis is the highlight of this thesis. So this thesis provides the principles forprotecting online group consumers’ rights including people-oriented principle、principle of equal protection and special protection principles. Then several methodsshould be brought in to regulate online group shopping industry and strengthengovernmental supervision including improving market entry criteria and ensuring thelegitimacy of object. Moreover, in the respect of improving the legal system ofnational online group buyers’ consuming rights protection, we should strengthen thelegislation on consumer’s knowing right and consumer information protection. Thelegal provisions on consumer’s substantive rights protection should be improved inConsumer Protection Law. The legal remedy mechanism of online group buyer shouldbe improved. The feasibility of class action, the improvement of lawsuit management,the collection of electronic evidence are also studied in this thesis.In China, online group buying stays at the beginning stage, but the potential andinfluence of it cannot be ignored. As its object, the issue on online group consumers’legal rights protection must be an important subject on building our online groupbuying market. The research on legal protection on online group consumers’ rights isnot only the necessity for improving the economic and legal system in China, but alsothe concrete embodiment of people foremost concept in the process of constructingthe socialism harmonious society.