Law Protection Of The Consumer Rights In On-Line Transaction

Accompanied with the Internet's development, on-line transaction mode in our country is presenting the booming trend. It not only takes many benefits for all the consumers, but also make the law on the traditional market receive the great challenge. Under on-line transaction, the consumer's rights and interests are threatened greatly.The newly arisen on-line transaction mode, makes the law on the traditional market receives much challenge. Much rights of consumer are violated most easily, because of the distemperedness of the homologous legal protection institution. For Example, the safety on-line, after service and factory reputation, inconvenient pay and delivery.Because the law on the traditional market receive the great challenge under on-line transaction. so it is nessary to establish the valid net law system to protect the consumers as soon as possible. The issue this text to inquiry is exactly under this background.The article should be separated four parts,the most important content as follows:The first part introduced the related concept of on-line transaction mode, including the classification of the on-line transaction, the new characteristics of on-line consume and new issues of the on-line consumer protection under present legal framework. Then the author compared the traditional trade mode with the on-line transaction mode.Subsequently at the second part, through the analysis correspond legislative and judicial practice for on-line trade in other developed countries, such as the United States, EU.etc Exploring the advanced experience in the protection of the on-line consumer.The third part is the substantial evidence research and the creative part in this text. This text used a method for study of case, select two typical model cases that the consumer rights may be violated most. They are the issues of definition identity of the consumer; and the issues on regulation of networks deceitful advertisement. Through analyzing the relevant legal issues, then come to the conclusion.Through the cushion of two parts theories and practice in front of this text, the fourth part holds the shortage of on-line consumer law in our country and the methods to perfect it. Because the on-line consumer still belongs to the consumer, Seeking the legal source in current legal framework of our country which can be apply in the protection of on-line consumer and carrying them to realistic adaptability analysis are nessary. The law on-line exclude the basic legal principles and the concrete legal institution. The former is the principles of the on-line transaction legislation, and should be established firstly, the latteris the concrete legal institution design guided by the principles.