Discussion On The Judicial Remedy Of Shopping Dispute By WeChat

WeChat has the dual identity of online trading platform and network media platform.The e-commerce shopping model under the online trading platform and the WeChat moments shopping model spontaneously formed under the network media platform constitute two online shopping methods in the mobile internet environment.The boom in online shopping has also led to a surge in the number of online shopping disputes.Therefore,this article uses the online shopping under the WeChat platform as a perspective to explore the difficulties and ideas of judicial remedy for shopping disputes on the WeChat platform.As the e-commerce shopping model has been defined by the substantive law,coupled with more perfect operating rules and stricter supervision,more dispute resolution methods are being established under this model.For example,it can be resolved through consultation with e-commerce companies or through the intervention of consumer associations,or resolved through litigation,and the solutions are relatively smooth.However,in comparison,the shopping mode under the WeChat moments presents fewer ways to resolve disputes.On the one hand,it is difficult to achieve self-reliance,and on the other hand,rights defense lawsuits are difficult.Therefore,this paper focuses on the difficulties of shopping rights protection lawsuit formed on WeChat which is considered as the network media platform,specifically including: First,the true identity of the defendant is difficult to confirm,which is due to the mechanism of WeChat non-real-name registration;Secondly,the legal relationship applicable to the original defendant is not clear.It mainly focuses on whether the legal relationship between the operator and the consumer can be applied or not.Third,there is no detailed provision on the burden of proof in the shopping rights lawsuit in the WeChat moments.Fourth,it is more difficult for the plaintiff to collect evidence because the evidence is mostly in the form of electronic data.For emerging types of evidence,it is difficult for the general lack of professional knowledge to realize the focus of the collection.In response to the above problems,the paper proposes specific solutions: First,the true identity information of the defendant is confirmed through IP address,micro-signal registration information,etc.,and the express company can be selectedas the defendant according to the specific circumstances;Secondly,the WeChat moments shopping model should be included in the protection scope of the Consumer Protection Act,that is,the plaintiff can claim the legal relationship between the defendant as the operator and the consumer,and can choose between the liability for breach of contract and tort liability;Third,the buyer’s,“micro-business”,WeChat platform and express company’s burden of proof put forward detailed proposals;Finally,proposed specific methods for the collection of electronic data in the WeChat shopping dispute lawsuit,and analyzed the mechanism of recognition.In this way,this article focuses on breakthroughs in the difficulty of judicial relief of shopping disputes under the shopping model of WeChat moments,and compares the e-commerce shopping model with the WeChat moments shopping model in the form of writing,and summarizes the solution to the same problem in the e-commerce shopping model,and finally forms a solution of the judicial remedy of shopping disputes by WeChat.