Research On Consumer Rights And Interests Protection Of E-commerce Consumer Credit

E-commerce consumer credit refers to the financial activities in which e-commerce enterprises provide installment payment services to consumers based on online technology and e-commerce platform.E-commerce consumer credit has the characteristics of networked transaction process,universality of transaction objects,relevance of subject identity,and a large number of consumption scenes.At present,China’s e-commerce consumer credit business is developing rapidly,but there are also many problems that infringe on the legitimate rights and interests of consumers to be solved urgently.First of all,the supervision of e-commerce consumer credit is not in place and the market access mechanism is not clear,which makes the quality of participants uneven.The handling fees and overdue interest have different charging standards on different platforms.It also leads to the monopoly of e-commerce credit platform.The binding of payment platform and lending subject makes consumers have no other choice,and consumers’ right of independent choice and fair transaction are infringed.Secondly,the right of defense cut-off clause is common in e-commerce consumer credit service agreements.Through this clause,all e-commerce credit platforms exclude themselves from consumption disputes between consumers and sellers,which infringes on consumers’ right of claim and is unfavorable to consumers.Finally,the e-commerce credit platform failed to fulfill its obligations of contract prompt and risk disclosure,which infringed on consumers’ right to know.To sum up,the protection of consumers’ rights and interests of e-commerce consumer credit has three dilemmas: the protection of consumers’ independent choice,the theoretical problems in the exercise of consumers’ right of defense,and the protection of consumers’ right to know.This paper analyzes the reasons for the dilemma of consumer rights protection of e-commerce consumer credit from the perspective of the particularity of e-commerce consumer credit operation mode,the complexity of legal relations,the particularity of credit products and information asymmetry.By referring to the extraterritorial system and combined with China’s national conditions,this paper puts forward the following suggestions on the protection of consumers’ rights and interests of e-commerce consumer credit.First,break the monopoly position of e-commerce credit platform.We should not only return the payment to its origin and cut off the unreasonable and non-conforming connection between payment instruments and other financial service products,but also clarify and improve the market access threshold of existing lenders and establish a fair market competition environment.Second,improve the extension rules of consumers’ right of defense.Including learning from and introducing the extension system of defense right in consumer credit contracts in Germany,the United States and other countries;Improve the operation mode of e-commerce consumer credit,increase the automatic repayment function of voluntary cancellation,do a good job in the connection between the third-party payment platform and the online trading platform,and enhance the integrity of the operation of e-commerce consumer credit services.Third,strengthen the information disclosure obligation of e-commerce credit platform.On the one hand,we should emphasize the authenticity and comprehensiveness of consumer credit advertising,and regulate the disclosure of consumer credit information with higher standards;On the other hand,we should strictly regulate the content and form of consumer credit contracts.