| With the rise of the Internet, the online shopping industry is developing rapidly, while overseas shopping is a kind of online shopping; let us enjoy the foreign goods and services in the internationalization at home. Overseas purchasing is a special form of overseas shopping. Through the agent to buy all the country’s goods, concentrated express delivery to the consumer’s hands. China has a huge demand for overseas purchase; overseas purchasing market development potential is huge.Through the case of "India imitation pharmaceutical purchasing" and empirical analysis, China’s overseas purchasing in the presence of the loss of tariffs, the breach of contract and consumer rights and interests of consumers and other common problems. Overseas purchasing led to the loss of business reasons for the loss of the tariff is mainly due to the lack of tariff legislation, as well as customs enforcement difficulties, customs supervision is not in place, and then add the purchasing power of Shanghai outside the disposal of small. For the relief of breach of contract for overseas purchasing, due to the purchase of the main cross-border, the subject of non spot transactions, the legal relationship is complex; there is more foreign purchasing presence of breach of contract. To solve the overseas purchasing default must be to prevent the default risk at the same time, through the legal provisions of the breakthrough of contract relativity to the purchase of consumer bring activist identity constraints, and the foreign-related civil relations in the applicable law and jurisdiction to determine. In view of the protection of the rights and interests of overseas consumers, due to the purchase of overseas consumers and consumers in other activities are different. Need to improve the information disclosure system, improve overseas purchasing dispute settlement mechanism to strengthen the supervision of overseas purchasing industry, making the problem of consumer rights difficult to be fundamentally improved. |
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