Research On Legal Issues Of Consumers' Right To Know In Electronic Commerce

Consumers' right to know, the basic right among all of the consumers'rights, is the most important one. If there was not the right to know, the other consumer's rights, such as consumer's right to security, will be a dead letter. These years, Electronic Commerce, so-called online shopping, is not the new. Instead, it has taken root. However, E-commerce is completed through network, not face to face mode. In addition, the inferior position of consumers is doubled due to some technical characteristics of internet, such as virtuality, technicality and so on. It is more difficult to guarantee consumers' right to know. E-commerce is playing a more and more important role in the modern business world. And volume of E-commerce trade is surging. Therefore, how to protect consumers' right to know in E-commerce adequately is an important legal issue to every law enforcements professionals.The main section of this paper is consisted of four chapters. The first chapter is the overview of consumers'right to know and consumers' right to know in E-commerce. Focusing on analyzing the basic concept of the consumers' right to know and legal requirement of consumers'right to know in E-commerce, the author found consumers' right to know in E-commerce had some specificity in abundant content, vulnerable to infringe and different performance method.The second chapter is the introduction of legislation situation of consumers' right to know in E-commerce in foreign countries. Through comparative methods, the author researched legal rules in major developed countries and analyzed the merit which our country should learn from. Studying foreign experience will help us to find the defects of protecting system of consumers'right to know in E-commerce and solutions.The third chapter is the analysis of Chinese existing legal protecting system of consumers'right to know in E-commerce. There is not special legislation focusing on consumers'right to know in E-commerce in China at present. And legislation of traditional consumers'right to know did not form a system, existing in various laws and regulations. The author analyzed the shortcomings of Chinese relevant legislation, which is good for solve the problem and establish the legal protecting system.The fourth chapter is the discussion of how to establish the legal protecting system of consumers'right to know in. E-commerce in China, which is the core of this paper. Through chapter three, the author found the shortcomings of Chinese relevant legislation, which are bad for protecting consumers. Thus, the author stated some suggestions of how to protect consumers' right to know in E-commerce. Among the suggestions, how to improve the legislation was mainly expounded. For instance, a method of protecting consumers'right to know in E-commerce relies on the operators'obligation of disclosing and publishing information.There are plenty of articles about protection of consumers'rights in E-commerce. However, these articles mainly research into the whole rights protection system for the consumers in E-commerce, not specializing in consumers'right to know. The author took the E-commerce as the perspective, which could keep the paper simple and focused. The outstanding feature of this paper is that it closely link to the information disclosure obligations of operators, the operators'own information disclosure, goods or services information disclosure, term of trading information disclosure. Comparing the foreign legislation and Chinese legislation, the author advanced some suggestions on relevant legal system construction pointing to a real and immediate problem.