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

Compared with the declining trend of total import and export trade,the volume of cross-border e-commerce transactions has maintained a rapid growth in recent years.From the perspective of economic development,we should really face up to and attach importance to the value and significance of cross-border e-commerce in the whole circulation link,commodity prices,transaction efficiency and so on.The development of cross-border e-commerce has greatly improved the convenience of people's lives.Consumers can buy goods or receive services globally only through cross-border e-commerce platforms.The Electronic Commerce Law passed on August 31,2018 has attracted the attention of the academic circles on the protection of consumer rights and interests in cross-border electronic commerce.While affirming the value and significance of cross-border e-commerce in the whole circulation link,commodity price and transaction efficiency,we should also see the existing problems in the protection of consumer rights and interests in cross-border e-commerce.With problem awareness,this paper discusses the protection of consumer rights and interests in cross-border e-commerce to a certain extent in accordance with the writing ideas of raising,analyzing and solving problems.This paper is divided into four parts:The first part is an overview of cross-border e-commerce.After defining and exploring the concept and characteristics of cross-border e-commerce,the legal relationship between the three parties involved in cross-border e-commerce is clarified.With the promulgation of the Electronic Commerce Law,the definition of electronic commerce has been limited to a narrow interpretation since the second article expressly stipulates the concept of electronic commerce.Cross border electricity providers are not only the innovation of traditional import and export trade on the basis of"Internet+",but also the derivation of e-commerce in traditional import and export trade.Compared with domestic e-commerce,cross-border e-commerce has its own characteristics.Compared with domestic e-commerce,cross-border e-commerce has the following exclusive characteristics:1.Cross-border e-commerce has transnational characteristics.Because of the global characteristics of the Internet,traditional business activities are no longer restricted by regional factors,and can achieve global business activities.Therefore,based on the global characteristics of the Internet,cross-border e-commerce naturally has the characteristics of transnational and global.2.The transnational characteristics of cross-border e-commerce bring about language problems.It is difficult for the transactors of cross-border e-commerce to identify the real transaction information and location information of the other party.The Internet provides the possibility for both parties to engage in business activities.In the virtual Internet world,participants of cross-border e-commerce do not need face-to-face transactions.The anonymity of the Internet makes the transaction subjects pay more attention to the goods or services themselves.3.The process of cross-border e-commerce is complex.The business of cross-border e-commerce generally needs to go through customs clearance,inspection and quarantine,foreign exchange settlement,import and export tax and other links.The second part is about the legislative status of cross-border e-commerce consumer protection.From the perspective of comparative law,this paper describes the research status at home and abroad,and analyses the legislative status of consumer protection in China.The emergence and development of cross-border e-commerce not only brings benefits to market participants worldwide,but also brings new problems in the protection of consumer rights and interests.By studying the legislative status of consumer rights and interests protection in cross-border e-commerce in foreign countries,from the perspective of comparative law and drawing lessons from the advanced experience of foreign countries,this paper analyses the legal provisions concerning the protection of consumers'rights and interests in our country,and points out the shortcomings of our laws in order to create a better legal environment for the protection of consumers in cross-border e-commerce.As we all know,the EU is currently the most integrated national alliance in the world.The EU provides the best economic,political,cultural and linguistic environment for the practice and development of cross-border e-commerce.The EU has always attached great importance to protecting the legitimate rights and interests of consumers in cross-border e-commerce.With the rise and development of cross-border e-commerce,the EU has formulated and promulgated a series of laws and regulations to protect consumer rights and interests.The basic rights of consumers are mainly stipulated in EU legislation.The third part is about the main legal problems and reasons of the protection of consumer rights and interests in cross-border e-commerce.According to the provisions of Chapter ? of the Consumer Rights Protection Law on consumer rights,consumer basic rights include the legal rights of security,right to know,right to choose,right to privacy,right to fair dealing,right to claim,right to comment,right to education,right to respect and right to supervise.From the protection of consumer basic rights,cross-border electronic payment and settlement of transaction disputes,this paper points out three major problems faced by the protection of consumers'rights and interests in cross-border e-commerce in China.On the basis of pointing out the problems,this paper analyses the causes of the problems,that is,the specific analysis of the causes of the problems in the protection of consumer rights and interests in cross-border e-commerce.Firstly,the reasons for insufficient protection of consumer basic rights in cross-border e-commerce,secondly,the hidden dangers of cross-border e-payment security,and finally,the reasons for the lack of dispute resolution mechanism in cross-border e-commerce transactions.The third part aims to suggestions on improving the protection of consumer rights and interests in cross-border e-commerce in China.Aiming at the main legal problems and causes of consumer rights and interests protection in cross-border e-commerce,this paper puts forward suggestions on consumer rights and interests protection from the four standpoints of government,cross-border e-commerce platform,resident businessmen in the platform and individual consumers.