Research On The Legal Issues Of Protecting The Rights And Interests Of Internet Consumers In China

With the rapid development of network technology,the Internet has become an indispensable medium in our daily work,study and life.The rapid development of the Internet provides people with a brand new way of transaction completely different from the traditional ones,namely,the network transaction.With the advantages of low cost,high efficiency and convenience,and fast speed,the network transaction breaks the law of monopolizing the trading market in the traditional trading mode since ancient times,and provides people with a new way of trading,which is very popular with the consumers.In our country,the strong purchasing power of people is pushing the development of network trading platform and the innovation of technology constantly,however,it is undeniable that the network has both advantages and disadvantages,that is,while the network consumers enjoy low cost,high efficiency and convenience,their legitimate rights and interests are often infringed.First of all,the paper summarizes the network consumption,mainly analyzes the legal relationship of the network consumption,and summarizes the main characteristics of network consumption,expounds the particularity of the network consumer rights and interests protection.On the basis of the basic principles for consumer protection stipulated in the current Law on Protection of Consumer Rights and Interests of the P.R.C.,combined with the concrete problems existing in practice,this paper concludes that the basic principles of online customer protection focusing on honesty and credibility,special protections for the network customers and adequate intervention by the state.It also discusses the legislative evolution of the protection of online consumers’ rights and interests in China.Secondly,it analyzes the challenges in the protection of Chinese consumers’ rights and interests in the network transaction,such as against Internet consumers’ right to know,the right to choose,the right of privacy,the security right,as well as,the right of claim in the process of the network transaction,and to sum up the main problems of the protection of the rights and interests of the Internet consumers in ourcountry.It definitely analyzes the legislation,regulation,operators,consumers and other five levels.Thirdly,it summarizes the experience of protecting the rights and interests of the Internet consumers in other developed countries.For example,according to the experience gained in the United States,Japan,European Union and other developed countries in this aspect,the paper provides referential opinions for the problems existing in the protection of the Internet consumer legislation in our country.Finally,it proposes the legal countermeasures to solve the problem of insufficient protection of consumers’ rights and interests in the above-mentioned network transactions.The corresponding suggestions and measures are put forward from the aspects of the establishment and improvement of the legislative level,the supervision and management system as well as from the perspective of operators and consumers and other dispute resolution mechanisms.