| In In order to standardize and promote the development of the online overseas purchasing agent industry and fully protect the legitimate rights and interests of consumers,this article analyzes and studies the disputes arising from the online overseas purchasing agent activities from the perspective of civil legal issues.Based on the specific case of Xie and Tang’s online purchasing contract dispute,the method of analysis and comparison was used to demonstrate.This article mainly includes three parts:The first part is an overview of the case.The case of Xie and Tang’s online overseas purchasing contract disputes leads to the issue of consumer rights protection in online overseas purchasing agents.This part mainly introduces the facts of the case,the court decision,and the three controversies of the case.The second part analyzes the three controversial focal points of the case.First of all,the concept and classification of online overseas purchasing agents were clarified,and the corresponding legal relationships were analyzed according to different forms of online overseas purchasing agents,and the relationship between the plaintiff and the defendant in this case was determined to be a sales contract relationship.Secondly,it analyzes whether the plaintiff in this case(with the act of knowing and buying fakes)has the identity of consumers.Finally,starting from the third focal point of the case,it was pointed out whether the defendant in this case should bear civil liability for compensation.The main concern should be whether the goods in the online overseas purchasing activities of the case have Chinese labels and whether coenzyme Q10,which is a drug,has been added.Whether its behavior violates the law.The third part emphatically analyzes the existing problems of the protection of consumers’ rights and interests in my country’s online overseas purchasing agents and the current legislative status,and puts forward countermeasures based on the problems raised.The main problem is that the basic rights of consumers,such as the right to safety,the right to know,the right to fair trade,and the right to compensation for damages,are difficult to protect;currently,there is no special law for the online overseas purchasing agent industry in my country.Therefore,this article proposes countermeasures from both the internal and external aspects of the online overseas purchasing agent industry,namely,strengthening the protection of consumers’ basic rights;improving the online overseas purchasing agent product responsibility system;improving the online overseas purchasing agent supervision and management system;Rights protection awareness.Finally,I hope that my country’s online purchasing agent industry can develop steadily and rapidly under the regulations of the law. |