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

With the development of information technology and internet technology, the electronic business has brought huge influences on our daily life. As a new business mode, the internet business has supplied us totally new business methods. The consumers are enjoying the convenience and the speed, at the same time, they also start to face more disadvantages compared to the traditional business mode. In this case, the protection of consumers'legal rights appears essential.The regulations and rules about consumers'legal rights protection in electronic business disperse in Civil Law, Contract Law, Consumers'rights and interests protection law, etc., The descriptions are simple, decentralized and lack of the protection for consumers'extension rights. Why do the consumers are on a more disadvantageous status? What influences and challenges do internet business has taken to the consumers and their rights? What are the new rights in internet business environment, and what are its presentation forms? How to establish a fair consuming environment?This article starts from describing the changes of the current consumers'rights in internet business on the basis of internet business feature analysis, and try to find the answers of the above questions combining the current situation of consumers'rights protection in electronic business in domestic and abroad. The article consists of 4 parts.Part one, brief introduction of categories, features, differences and relations for electronic business, internet trade, general consumers and the internet consumers. It focuses in expatiating the internet business features, influence on consumers and the challenges on consumers'right protection. Internet business breaks through the limit of time and space, establishes a separate invisible market outside of the traditional one, and realizes the conversion from trade in paper to non-paper trade. With the new advantages, internet business promotes the appearance of opening trade, establishes more direct contact between consumers and enterprises, But at the same time, the feature of internet helps the internet operators get more advantageous status than the consumers by controlling the advanced technologies and information. This pricks up the unbalanced situation between operators and consumers, and brings more difficulties on consumers'rights protection in internet. The traditional protection ways are hard to function, the unlimited space of internet add more difficulties in business management, the supervision of government on electronic business can't keep up with the real development, and the laws of consumers'rights protect need to be updated.Part 2 analyses and compares the change of consumers rights in internet business, put forward the typical problems in consumers'right protection in internet, such as right of knowing, fair trade right, safety right and free choosing right and so on. This part studies the representation methods and legislation situationPart 3 is about the international organizations and other countries consumers'rights protection situation in internet. Currently, many countries and organizations issue lots of regulations and rules to protect the consumers'rights in internet, and have got good effect. Comparing to that, the protection in China is very late. Since electronic business starts very late, China is lack of legislation. Therefore, we must learn from other countries. This part chooses Economy Cooperation and Development Organization, European Union and American as the typical model, studies and analyses their rules and regulations on consumers'right protection. These countries and organizations give China lots of good references.Part 4 focuses in introducing the legislation situation of China, analyzes the problems of consumers'rights protection in internet and tries to find the solutions for it. The internet business is under-developed in China, the sense of right protection is very weak, and therefore China has more difficulties. We should work from two sides: 1) Perfects the legal rules in consumer right protection, strengths government supervision and law execution, regulates the participate bodies in the market, aggravates the duties of internet operators. And we should also bring industrial self-control and consumer self-control into function, improve the consumers'self-protecting abilities, reduce the possibilities of consumers'right damages; 2) Try to find convenient and effective solutions, set up on-line dispute settlement method besides the traditional lawsuit or arbitration.