| Electronic Commercial Market is based on the consumers' reliance, so the protection of consumers' rights and interests plays a very important role in Electronic Commercial. Although our laws pay attention to protect consumers' rights and interests and we establish Law of the People's Republic of China on Protection of Consumers' Rights and Interests to rule the details about protection of consumer' rights and interests. These laws and legislations only rule for the protection of general consumers' rights and interests, but not for Electronic Commerce Consumers. However, they have established more nature law protection system for Electronic commerce consumers in USA, Europe Union and Japan, which are superior in information technology and economy. This article refers to these Countries' Correlative legislations, and discusses how to strengthen the protection of Electronic Commerce Consumers from 4 aspects.Firstly, this article points out that the online trades consumers should be given special protection for the specialization of online trades. It thinks that laws should be established throughout the country to rule the regimen about Information Explosion Duty of network businessmen and Right to Terminate the contract and Right to Reject Goods according to Right to Information can be better protected in this way to connect with the correlative laws of International Consumers' right on protection.Secondly, in order to protect the rights and interests of online trades consumers, the network standard contracts (clauses) should be prescribed more strictly, compared with traditional trade, the standard contracts and clauses are used more widely in the online trades. These standard clauses deprive and limit the contractfreedom of consumers and put the consumers into a detrimental situation. This article refers to the correlative legislations of USA and Europe Union and prefers some available lawful suggestions according to the present state of our legislations.Thirdly, the phenomenon of false advertisements and cheating, are populous in network advertisements, which have infringed the rights and interests of Electronic Commerce Consumers severely, so it's urgent to manage network advertisements in legal way. The article discusses the problem of network advertisement' law system from 3 aspects: the problem of network advertisements' issuing carrier, the standard of network advertisement' contents and how to define the law obligation of advertiser, advertisement businessmen and advertisement issuer. It also suggests that we should amend Advertising Law, Law of the People's Republic of China Against Competition by Inappropriate Means and Law of the People's Republic of China on Protection of Consumers' Rights and Interests, and put the network advertisement in the adjusting range. At the same time, strengthen International Cooperation and Bilateral Conventions to achieve the international protection of network advertisement.Lastly, the article discusses the problem of protecting Consumers' Privacy. With the rapid development of Electronic Commerce, the trouble of lacking privacy protection online to consumers increases gradually because of the use of Internet. This article points out that the protection on Consumers' Privacy in Electronic Commerce should mainly concentrate on two respects, one is to protect consumers' personal date, the other is to protect consumers' lives and safety. The privacy protection of consumers' personal data mainly includes two problems whether the online businessmen need the permission to get personal data and the regulations followed by online businessmen to collect and exploit personal data. The protection of consumers' personal lives and safety is mainly about the problem of the legalstandard of many unwelcome Commercial E-mails.Because the current laws in our country haven't adapted to the law protection request for consumers' rights and interests by Electronic Commerce. The article also gives some suggestions about how to strengthen law protection, and w...
|
PDF Full Text Request