Consumer Protection In Wechat Transaction

With the development of mobile phones and Internet technology,using the"wechat" software becomes more and more popular.The wechat transaction who sell merchandises through wechat is also growing.Premier Li Keqiang made a point at the third session of the 12th National People’s Congress."We should develop an"Internet plus" plan to guide the prosperity,orderly and healthy development of e-commerce,and expand the international market."He said.In the era of social e-commerce,wechat transaction has become one of the major forms of e-commerce.Although the development of wechat transaction has promoted employment,the wechat transaction industry is now in chaos due to its own characteristics.The violations of consumer rights are common.In 2015,China e-commerce research center issued the "The top 10 typical legal cases in e-commerce areas of the year"through<Chinese e-commerce law report of 2014-2015>.A criminal case that someone uses the WeChat platform to sell fake goods is one of them.But beyond that,"wechat transaction pyramid scheme ","toxic cosmetics”events which are reported frequently also warns us that the existing law is not enough to protect the rights and interests of the wechat transaction consumers.A new subject that how to regulation wechat transaction and protect the legitimate rights and interests of wechat transaction consumers better is appearing before our eyes.However,there are few studies on wechat transaction consumer rights protection in China and abroad.Therefore,the studying of wechat transaction consumer rights protection has great theoretical and practical significance.In this context,this paper adopts the methods of literature research and case analysis.Firstly,from discussing the concept and characteristics of wechat transaction,this paper studies the differences between wechat transaction and traditional Internet e-commerce,analyzes several operating modes of wechat transaction and discusses the definition of consumers and operators in wechat transaction.And then on this basis,this paper focuses on the specific performance of wechat transaction’s infringement on consumers’ rights and interests,especially about the main problems in the protection of wechat transaction consumer rights.Finally,what kind of wechat transaction consumer protection system is discussed to solve the aforementioned problems.Specifically,the main contents of this paper are as follows.The first part of this article is an overview of wechat transaction and consumer rights.This part firstly introduces the concept of wechat transaction,business model and characteristics.Secondly,the definition of wechat transaction "consumers" and"operators" and the main rights of consumers are described.Finally,this part analyzs the legal nexus of wechat transaction transaction,including the legal nexus between operators,the legal nexus between operators and consumers,the legal nexus between operators,consumers and wechat platform under wechat transaction.The second part of this paper describes the specific performance of wechat transaction’s infringement on consumers’ rights and interests.This part uses a large number of cases to analyze the specific performance of wechat transaction’s infringement on consumers’ rights and interests,including the secrecy of wechat transaction’s violation of consumers’ right to know,fraud marketing’s violation of the right of fair trade,transaction exposure’s violation of the right to security,no return-no refund’s violation of the right of rescission and other performances.The third part of this paper is about consumer protection of wechat transaction.In this section,the author points out that there are three main problems of wechat transaction consumer protection in China at persent.Respectively,these three problems are the absence of relevant laws and regulations(such as no clear legal norm),the lack of supervision(such as the lack of administrative supervision),and the difficulties in exercising the right of claim(such as difficulties in proof).The fourth part of this paper is some suggestions to construct the legal system of consumer rights protection under wechat transaction mode.The author believes that we can proceed from four aspects.First,in terms of legislation,Law on Protection of Consumer Rights and Interests should be clearly applied to consumers in wechat transaction mode,and the regulations of specialized departments should be introduced gradually to regulate wechat transaction business fully.In the aspect of evidence system,new evidence system which is more applicable to the wechat transaction lawsuit should be established.Secondly,in terms of supervision,the responsibilities of the administrative department for industry and commerce and of consumers’ associations should be strengthened.Thirdly,from the aspect of market mechanism,the author suggests establishing the wechat transaction real-name registration system,commodity quality inspection system and credit evaluation system.Finally,from the aspect of the transaction subject,the author thinks that wechat transaction operators should strengthen the self-discipline of the industry,and wechat transaction consumers should raise their awareness of rights protection.There are two main innovation points in this thesis.On the one hand,in the topic selection,the author chooses the novel theme of consumer protection in wechat transaction,which is still a blank spot in the academic circle of our country.On the other hand,this paper creatively puts forward to establish the quality inspection system and credit evaluation mechanism,to solve the problem of wechat transaction enroach on consumer rights and provides a new way of thinking.Due to the lack of the author’s ability and the data,the research of this article still need further,and some suggestion is not mature.However,the author hopes that the problems existing in the wechat transaction can be eased to ensure the sustainable and healthy development of wechat transaction industry.