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Research On The Issue Of Consumers’ Right To Know In Electronic Commerce

Posted on:2013-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhangFull Text:PDF
GTID:2296330362964433Subject:Law
Abstract/Summary:PDF Full Text Request
Consumers’ right to know,the basic right among all of the consumers’ rights, is the mostimportant one. If there was not the right to know, the other consumer’s rights, such asconsumer’s right to security, will be a dead letter. These years, Electronic Commerce,so-called online shopping, is not the new.Instead,it has Taken root on the people’s commonlife. However, E-commerce is completed through the network, not face to face.In addition, theinferior position of consumers is doubled due to some characteristics of Internet, such asvirtuality. It is more difficult to guarantee consumers’ right to know than before. That is whythe author attempts to make the right to know of consumers in e-commerce in-depthdiscussions, and has a personal opinion on how to realize the measures to protect the right toknow of e-commerce consumers’.The main section of this paper is consisted of three chapters. The content of the firstchapter is about the consumers’ rights in electronic commerce.First of all, I start from therelated concepts of the consumers’ right to analysis the concrete connotation of the consumers’rights in the electronic commerce, and make out the extension of the consumers’ rights further.And then, I focus on the several manners in e-commerce execution combining with practicalexperience, such as building a website marking system, goods online instruction,etc.The second chapter write through a case to understand China’s e-commerce consumer’srights and analysis the damage and the reasons. False information and false advertising are thetwo main serious violations of the consumers’ right, I believe that the causes of the problemsare caused by the disregard of the lack of legal protection and operators of goodwill as well asthe virtual of network transactions, which seek to achieve the protection measures of thee-commerce consumers’ rights in the third chapter.The third chapter is the discussion of how to achieve the protecting measures of theconsumers’ right to know in E-commerce in China,which is the core of this paper. The first,for the reason of lacking of legislative protection and judicial relief mechanisms as well as theasymmetry of information in e-commerce, the author stressed that the establishment and improvement of consumers’ right to protect the legal system, which is under the premise ofestablishing an overall legislative ideas and a basic principles of protection, respectively in thelevel of the substantive law and procedural law. Second, for network operators to disregardgoodwill, I believe that we can follow the European Union to strengthen the non-para-legalprotection methods, including the establishment of the credit evaluation mechanism, theimplementation of industry self-regulation and strengthen the education on consumer rights’awareness. Finally, about the virtual network transactions and other issues, I propose toestablish a reasonable order of electronic trading,such as establishing the market accessmechanism before the transaction, improving the electronic payment system in the transactionand the dispute resolution mechanism in the transaction after the transaction.In conclusion, only by really exercise the right, consumers are able to reverse theunfavorable position, and reduce the chance of other rights to be infringed in e-commerce.Thus, we should combine the enforcement role of law with the supervisory role of society andthe technical role of network. Only in this way can we ensure the smooth completion of theelectronic transactions, effectively guaranteeing the smooth realization of e-commerceconsumers’ right.
Keywords/Search Tags:E-commerce, consumer, right to know, legal protection
PDF Full Text Request
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