The Legislation Study On Protection Of Consumers'rights In Internet Trade

With the development of internet and the enhancement of the scientific and technological level, the transaction pattern is becoming more common. The rapid development of network transaction has made the tremendous contribution for the development of our country's economy and people's living standard. However, while enjoying the convenient of internet's rapid development, the consumers also faces many questions, such as the quality problem, the disclosing of individual privacy, consumer's fund account security problem and so on. These questions raised many legal scholars and legislator's concern. They pointed that the traditional laws and regulations are hard to restrain the legal problems appearing in the process of frequent electronic business. Therefore, the relevant departments should work out regulations to legislate for the network transaction behavior.This thesis begins from our country network transaction's present situation and the existing laws and regulations, through analysing network transaction's particularity, under the limits different situation's consumer main body status, elaborated that the consumer rights and interests are violated and the threat main performance, through the inspection economy and the cooperation development organization, European Union, the US, Germany and so on to the network transaction in the consumer rights and interests protection's policy and the legal rule, discusses our country's existing law flaw and the insufficiency, and proposed that consummates the suggestion to the consumer rights and interests protection method, like stipulated that operator's information disclosed the duty, entrusts with the consumer not to have because of the returned goods power and so on. Questions and so on jurisdiction which and electronic evidence by the network transaction dispute in addition, to causes the lawsuit which involves。This article consists of six parts. The first part makes a brief introduction of the thesis . The second to the fifth part is made up of four chapters, analysing the present situation of the network transacting of our country to propose relevant registration means and measure. Chapter one Studies the connotation and characteristics of network trade and defines the consumer subject by analyzing the consumer subject in C2C mode and Team buying mode, seconds kill mode and online game mode with the traditional mode. Chapter two analyses the network transaction's challenge to the consumers' right to know, personal information, all consumer safety right and ask for compensation power. Maintaining that consumers should also take self-help remedies through other means during the process of improving consumer protection laws and regulations,while consumers should take other ways to self-relief. The last part is the concluding part of the thesis.