The Protection Of Consumer Rights In Cyberspace

Flourish of network economy extends the consumer market as well as the amount of consuming information which is a gospel to the consumer, unfortunately the development of network shopping is blocked by the indirectly exchange manner between parties and the hidden trouble within the internet transactions, moreover, it also inevitably causes more complicated transaction relationship, as well as increases the possibility of consumer's legitimate rights violation. However, after investigating the international and domestic legislation of the various countries, the author discovered that although there are a lot of international and domestic electronic commerce related legislation, rights protection specific legislation for network consumers is very less, which mainly concentrates on data protection, identification and electronic payment, as a consumer as well as a legal learner, the author profoundly realizes the importance of the regulation of consumer rights protection in legal system of network economy, therefore, chooses the topic of"The protection of consumer rights in cyberspace"studies on the legal protection of consumer rights in the environment of network economy.Whether or not the consumer can obtain the same level protection both in the traditional economy condition and network economy condition?Are there any special protection's principles need to follow in the network economy?The author learning international legislation and with China's national conditions and puts forward the basic principle of protecting consumer rights.Regulate standard contract in the network,the author proposed:Demonstration and file system are the center of the preposition method of administrative rules and regulations and inspection;The legal rules and final solution,the business operator must be law compliance and provides briefly information that is easily duplication,store,understand in advance,and brings into the contract requirement,and meets the assessment of the contract effectiveness;The civilian association rules and regulation is the assistant method,the business operator must consciously accept the surveillance. The prestige crisis created from asymmetrical information is the bottleneck of the electronic commerce development and the consumer right protection,it must to break the so-called"the sales control"from the consummate the reduce the asymmetrical information,establish and consummate the disclosure regulations of on-line information,enable the consumer to conveniently obtain the real and easy understanding information which includes the transaction object,the transaction bidding,the transaction condition and so on,and realize knowing right. Privacy is consumer enjoy the most basic rights,Therefore, according to laws and regulations, industry precedents and develop standardized privacy protection policies, perform its duty of disclosure, legal obligations in accordance with the collection and use of secret and prevent the obligation to provide information relief and other obligations, are particularly important. Withdrawal right without condition means the consumer has the right to return the products or service to business operator without any condition during a period after purchase,the business operator can not reject this withdrawal requirement,and also has the responsibility of refund and compensation for withdrawal,the author emphasizes that no condition of withdrawal and the period and product should be in scope of legal.Along with the rapid evolution of intern technology and more frequent intercommunion of international economy,the consumer issues also increase and have more diversification,the traditional solution of consumer controversy can not realize a prompt and proper controversy solving today,the author sets a target of establishing a convenient,cheap and high efficiency mechanism of disputes settlement,discusses the establishment of three mechanisms:online conciliation and mediation platform,the on-line fast arbitration,the group and small-claim lawsuit. Discusses the existing laws and regulations with the new legislation revised the legislation system construction methods. Strategies problems and puts forward improving legislation technology and improve its quality adviceIn China, online shopping development speed, influence can not be underestimated. we must combine the vision of international with the condition of China,and gradually improve the legal framework of Chinese internet shopping,this is an long-term,arduous and complex social project,it will be in the construction of socialist harmonious society, is building a democracy, justice, honesty and fraternity, vigor, stability and order, harmonious coexistence of human and nature will play a positive role in promoting social.