Study On The Protection Of Consumers' Rights And Interests In Cross-border E-commerce

Along with the optimization and transformation of China's economy, cross-border e-commerce has evolved into one of the crucial engines that turn around the decline of China's economic trade with the promotion of relevant national laws and policies. Meanwhile, cross-border e-commerce has won favor with consumers due to its flexibility, quickness and conveniences in trading. A growing number of domestic consumers have tried to purchase goods or services from abroad by dint of e-commerce trade which not only provides convenience for consumers but also meets personal consuming needs. However, since cross-border e-commerce just begins to develop, there is a lack of sound policies and laws that can regulate cross-border e-commerce behaviors. Consequently, consumers' rights and interests are frequently infringed, which has given rise to varieties of problems about consumers' rights and interests protection that are adverse to the stable and healthy development of cross-border e-commerce. In cross-border e-commerce, the major legal problems concerning consumer rights and interests protection are as follows:(1) shortage and deficiencies of relevant laws and regulations;(2) lack of protection for basic consumer rights that are infringed, restrictions on the right to be informed, threatened right of safety, and ineffectively unprotected right of fair trade;(3) difficulties in seeking compensation when consumer rights and interests are infringed and high right safeguarding cost; and(4) ineffective regulation of relevant governmental regulators and the inability of relevant management measures to meet the development needs of cross-border e-commerce. Thus, it is urgent to improve consumers' rights andinterests protection in cross-border e-commerce.Based on the understandings and reflections about problems of relevant consumers' rights and interests protection in cross-border e-commerce, this paper elaborates on relevant concepts of cross-border e-commerce as well as consumer rights and interests protection. Then, the theoretical basis and value orientation of consumers' rights and interests protection in cross-border e-commerce are studied and analyzed, and the major problems of consumers' rights and interests protection that cross-border e-commerce faces are also analyzed according to the legislation situation of consumer rights and interests protection in China's cross-border e-commerce. Meanwhile, this paper draws inspirations from relevant foreign legal provisions of consumers' rights and interests protection in cross-border e-commerce with a view to providing help for consumers' rights and interests protection in China's cross-border e-commerce. Finally, a discussion is conducted from four angles, including improving the legislative system of consumers' rights and interests protection in China's cross-border e-commerce, strengthening the protection of consumers' basic rights in China's cross-border e-commerce, guaranteeing the fulfillment of consumers' right of claim in cross-border e-commerce, and reinforcing the monitoring over cross-border e-commerce. Meanwhile, some suggestions are proposed to improve consumers' rights and interests protection in China's cross-border e-commerce.