On Protection For Consumer's Right To Know In Network Transaction

With the popularity of Internet technology and Personal Computer, Internet transactions in our country develop rapidly, which makes net shopping convenient, fast and efficient. And it brings considerable benefit to net consumers. While owing to the characteristics of network, such as virtual nature, immediacy, digitization, etc, it also puts the net consumers on the vulnerable place. Therefore, the characteristics give more challenges to traditional mode of traditional rights protection for the consumers. The traditional rights protection law for the consumers can't deal with all the cases of internet transactions. Furthermore, the legitimate rights and interests of net consumers are being seriously aggrieved.On the first of January, in 1994, Law of the People's Republic of China on the Protection of Consumers' Rights and Interests was implemented which has lasted 16 years. But now It cannot meet the demands of market economy development. Faced with the new mode of Internet transactions, the Law system hasn't been efficient and met the needs of internet transactions. To strengthen the protection of net consumers' legitimate rights and interests is the key to Internet transactions'sound development. At the same time, establishing protection of net consumers' legitimate rights and interests in internet transactions must be enforced. The right to know is the most important for consumer rights and it is also the basis and premise for consumers to claim their rights. At present, there is little study in this field, even the depth and scope study isn't enough. Under this condition, this paper is written with the hope to give some help to construct specific system of protection rights for consumers in new mode of Internet transactions.Body is divided into four parts, as the follows:The first part deals with the problems of the network operators'and consumers'qualification and demarcates the concept of right to know for net consumers. Including: the differences between traditional transactions and Internet exchanges, defining the basic concept of net consumers which is discussed in this paper, introducing and analyzing of traditional operator and consumers'qualification and analyzing new problems of qualification for the network operators and consumers. This part is the basic concept for law system to protect net consumers'right to know in the fourth part.The second part describes some phenomena from five respects: the information of goods or services, credit, selling fake and inferior goods, how to deal with the flaws of goods, after-sale service. It also explains the causes that the consumer's right to information is being violated. In this part, it shows the problems of right to information in Internet transactions, which is main task to be studied in this paper. In this paper it analyzes the true cases of violation to consumer's right to know, which provides the realistic basis for law system to protect net consumers'right to know in the following fourth part.In the third part, it sums up successful experience of protecting consumer's right to information not to be violated in foreign countries'Internet transactions legislation and emphasizes that our country's law system to protect net consumers'right to know must be based on specific situation of our country and be build on successful legislative experience in foreign countries. This part provides legislative basis for law system to protect net consumers'right to know in the fourth part.In the fourth part, it puts forward the idea to improve law system to protect net consumers'right to know, including: setting up information assessment system for net consumers; improving information disclosure systems for network operators; establishing credit assessment system for operators; establishing and improving supervision legal system for internet transactions and improving the relief system for net consumers whose right to information is violated and so on. In order to meet the demands of social development, we should lay great emphasis on protecting the right to information for net consumers and establishing system to protect net consumers'right to know.