Research On The Judical Procedure Of Online Shopping Consumers’ Rights

Online shopping is very popular among consumers, due to its favorable price, go od service and unbelievable convenience. Even though the consumers can easily take advantage of online shopping, they have to the risk to suffer loss. And given the natur e of online shopping, the protection for consumer rights is difficult, especially through litigation approach. Thus the development of online shopping is a doubleedged sword This article will focus on the protection of online shopping rights article based on the background mentioned above.The rights of consumers in online shopping often abused, due to some of the online shopping commodity information untrue, false praise and the existence of malicious bad review.Online shopping in the provisions of the return postage and the lack of after-sales service the fair trading right of consumers, and a large number of spam messages sent to the receiving number is the infringement of the right of privacy of consumer. There are a lot of unsafe products in the online shopping, consumers’ personal safety under threat when then bought those goods. Because of unsafe payment environment make the property safety of consumers often suffer from danger.Consumers will maintain their own rights after their rights abused, one of the most effective way is to suit. There is much procedural difficulties in litigation. The author in the article analysis of consumer rights protection action of the main four aspects of the program according to the order of the litigation process. The first is the consumer rights protection cost problem, the online shopping consumer spending amount is very small. Due to the jurisdiction of the court is not consumers live and long litigation, so consumers in the lawsuit must spend a lot of money and time.It is not worthwhile for consumers. The second is consumers couldn’t find the shop when they are ready to litigation. Due to the virtual shopping environment and absence of online page information on online store, sometimes it is difficult to find the infringement online stores. And since the liability rules of e-commerce platform is not complete, it lead to it is difficult to determine the defendant in the lawsuit. Again, this paper analyzes the problem of consumers take out evidence in the lawsuit. Proof is the key link in lawsuit, as consumers of adducing evidence are too short and the particularity of online shopping goods makes consumers in online shopping rights lawsuit proof difficult problems. Electronic evidence is main forms of evidence in those lawsuits. Because of the electronic evidence is a new form of evidence, the law of its use is not complete, lead to problems in collection, identification and show up in court.Now that problems exist in the litigation, it need to solves. For costs of litigation problem, the author puts forward the application of small speed cutting mechanism and the video trial two solutions.For the problem of difficult to find online shops, first, we need to understand the two different types of consumer online shopping platform:B to B platform and C to B platform and their legal relationship, to determine the liability of the two different platforms--B to B platform bealr like "IT service providers’liability and C to B platform bear like "Fair organizer, counter lessor" responsibility. If the shop can find the shop as the defendant, if failed in her obligations to online shopping platform can be used as a joint defendant, if it is due to the courier company and payment platforms causes damage to the interests of consumers and payment platform places courier companies as defendants.Not blindly believe the shop is the only defendant. For the problem of jurisdiction in contract and tort disputes, We can determine in contract disputes to the jurisdiction of the location of the plaintiff principle, the principle of jurisdiction by agreement (when there is a valid jurisdiction agreement) to complement the jurisdiction. While in the infringement by the plaintiff under the jurisdiction of the court is preferred in the locality, in tort jurisdiction and the jurisdiction of the most closely connected principles for added. Finally, in view of the burden of proof allocation problem in the process of litigation can be illustrated by applying the methods of the list of different subject in the online shopping by the burden of proof. The operator assumes the main burden of proof, trading platform and logistics company bear the added burden of proof, consumers take appropriate the burden of proof. Another problem is that the evidence in the use of electronic evidence issues, for this problem the author integrated existing legislation and the practical experience of the court and puts forward some solutions, such as specification submit evidence form, strengthen the cultivation of the judges and the establishment of the appraisal institution, corresponding equipment configuration in court, etc., in order to help solve the electronic evidence problem.