On The Protection Of Consumer's Right To Know During Online Shopping

In recent years, with the rapid development of E-commerce, online shopping has become a booming industry. China has a total new way of consuming. Thanks to its convenience, low price and comfort, online shopping attracts more and more consumers. However, the consumer's right to know has been violated since manager online tends to provide consumers with pseudo-information and fragmentary information and use pseudo-advertisements and internet fraud which have become worse and worse. The purpose of the establishment of the system of the consumer's right to know is the maintenance of the consumer's interests. While consumers have true and complete information, which is the evaluative condition before going shopping. If consumers have pseudo-information and fragmentary information, consumers will not do correct assessment, which violates the consumer's right. So we should enhance the protection of consumer's right to know during online shopping. Meanwhile, the maintenance of the consumer's interests and prosperity and development of consumer economics require the protection of this right.This paper has adopted case analysis and comparison analysis method, and introduces the situation and reasons for the violation of consumer's right to know during online shopping. With references from the legislative experience in foreign protection and practical situation in our country, it proposes some advices about the protection of consumer's right to know during online shopping and perfect the law of protecting consumer's right to know during online shopping.There will be divided into four parts to this paper excluding the introduction and conclusion excluding the introduction and conclusion.The first part includes the outlines of the protection of consumer's right to know during online shopping. First of all, the outlines of the protection of consumer's right to know during online shopping introduce the definition, advantages and the development of online shopping. Then, this part introduces the definition, content and characters of consumer's right to know. Last, this part clarifies the necessity of the protection of consumer's right to know during online shopping.The second part introduces the situation and reasons for the violation of consumer's right to know during online shopping. For a start, this part introduces the situation of the violation of consumer's right to know during online shopping by case analysis and statistics comparison method, including pseudo-information, fragmentary information, and pseudo-advertisements. Then, this part analysis reasons for the violation of consumer's right to know during online shopping, and introduces the deficiency of the laws of consumer's right to know during online shopping, including the deficiency of the obligation of disclosing information for manager online and legal responsibility, the absence of Net AD Law, the difficulties for judicial remedy and the deficiency of supervision. The Aspect of the difficulties for judicial remedy includes the difficulties for identification of manager online jurisdiction and cited evidence and high litigation costs. And The Aspect of the deficiency of supervision includes the absence of government supervision, social supervision and industry self-disciplining. Otherwise, the absence of consumer protection is another important reason.The third part introduces the laws of the protection of consumer's right to know during online shopping in the foreign countries and Taiwan. This part introduces mainly U.S. and European Union law of the protection of consumer's right to know during online shopping. In the United States, there is the law of OECD e-commerce protection guidelines. The main content of this law enhances protection by making clear the obligation of disclosing information for manager online. While European Union law introduces the obligation of disclosing information for manager online from the aspects of contract languages, identifiable information, price of commodities and services, commodities and services, complaint, consumer's revocation and so on. In addition, the laws of the protection of consumer's right to know during online shopping in Japan, Germany and Taiwan will be introduced too.The fourth part proposed some advices about the protection of consumer's right to know during online shopping. With references from the legislative experience in foreign protection and practical situation in our country, it proposes some advices from the aspects of perfecting the law of the protection of consumer's right to know during online shopping, making self-disciplining standard for network industries, building the online transaction credit system and incentives, and enhancing consumer protection. The Aspect of perfecting the law of the protection of consumer's right to know during online shopping, I propose some advices from the aspects of perfecting the obligation of disclosing information for manager online, legal responsibility, judicial remedy and Net AD Law.