The Research On The Protection Of Consumers’ Rights In The Internet Trading

In recent years, with the rapid development of internet and electronic technology, online shopping has become a new consumption pattern with thriving vitality. The development of China’s Internet market is extremely fast, the transaction size has been several double in recent years, and more and more consumers are joining in the team of online shopping. Internet trading breaks through the traditional trading restrictions on time, space, geography, consumers can easily choose to buy all kinds of goods at home, and enjoy the convenience and pleasure of shopping. So it has huge development space and growth advantages. Indeed, consumers bring a lot of convenience through online shopping to their lives, but at the same time, plenty of online shopping disputes inevitably appear, such as the sellers provide false information, online fraud, return goods difficult, consumer information disclosure, misuse and so on. With the implementation of "measures for the administration of online transactions" and new "consumers’ rights and interests protection law", to some extent, part of online trading problems have been solved, but some outstanding problems still exist, and the question of returning goods back to the sellers difficult become apparent for its first introduction and application. Facing online shopping disputes occur frequently, how to regulate the online trading market, and promote online trading healthy, rapidly and orderly development, and maintenance of online consumers’ legitimate rights and interests has become a serious problem to be solved. This article focuses on the depth research on the new developments of online consumers’ rights and interests after the implementation of "measures for the administration of online transactions" and new "Consumers’ rights and interests protection law". On one hand, the author makes comments on the current laws of the protection of online consumers’ rights and interests, especially focus on which of "measures for the administration of online transactions" and new "Consumers’ rights and interests protection law". Thus preliminary point out the existence of several outstanding problems, and analyze their causes; On the other hand, the author takes out three chapters to introduce the protections of network consumer’s right to know, right to privacy, right to regret, include the problems of them, the related foreign legislative experience, and the solutions to the related problems learning from the foreign legislative experience which are appropriate. On this basis, the author further explores perfect approaches to the legal system and perfect suggests of regulatory mechanisms on the condition of China’s facts.Specifically, besides the introduction and conclusion, the text consists of five major components:The first part, mainly comment on the current laws of the protection of online consumers’ rights and interests, and introduce some relates conceptions. Specifically, at first with an overview of the online trading and network consumer protection, which is used to make clear the paper’ research object and scope. Then, the author analyzes the legislation evolution to protect the rights and interests of network consumers. Furthermore, examines the current main laws and regulations to protect network consumer’ rights, and makes comments on which specifically for the two new laws. On this basis, the author preliminary points out the existence of several outstanding problems, and analyze their causes.The second part, the author analyzes the protection of online consumers’ right to know systematically, including the related problems of right to know, the relevant legislative practice abroad, solution and so on.The third part, the author analyzes the protection of online consumers’ right to privacy systematically, including related problems of right to privacy, the relevant legislative practice abroad, solution and so on.The fourth part, the author analyzes the protection of online consumers’ right to regret systematically, including related problems of right to regret, the relevant legislative practice abroad, solution and so on.The fifth part, on the basis of solutions to related questions which have been proposed in the locally relevant sections of second, third and fourth chapters, the author further explores perfect approaches to the legal system and perfect suggests of regulatory mechanisms in the view of global, based on the condition of China’s facts.