| Since the 1990s, Electronic-Commerce has obtained vigorous development, becomes a new growth spot and important method to Impetus the economy development for many countries in the world. Development of the E-Commerce brings great influence on the consumers. On the one hand, the E-Commerce has enormously developed the expense market, provides the consumers a more quick and convenient way to buy what they want with a very low price. On the other hand, it also brings a severe challenge to the protection of the consumers'rights and interests. Since E-Commerce has the characters of virtual reality, high tech and openness, the consumers will be put at a disadvantage place, the phenomena of E-Commerce consumers'rights and interests being infringed increase day by day, the problem becomes more prominent. How to effectively protect consumers'legitimate rights and interests in the E-Commerce environment, how to enhance the consumers'confidence, those are very important for the E-Commerce to have healthy development.this paper takes the protection of E-Commerce consumers'rights and interests as the research object, uses the real diagnosis and comparison methods, through outlines the situation, enumerates the questions, analyzes the origin and profits from the overseas related procedure, hopes to carry on the beneficial exploration for our country government about strengthening the protection of E-commerce consumers'rights and interests.This paper mainly includes the following four parts:Firstly, the paper outlines the E-Commerce and the necessity of protecting the consumers'rights and interests in E-Commerce. (1) Gives the meaning, the classification and the character of the E-Commerce. The E-commerce is using the electronic technology methods to carry on the commercial activities. The meaning may be divided into the narrow sense and the broad sense; According to the E-commerce participation objects, the E-commerce may also be divided into business to business, business to consumer, business to government, consumer to government, etc. the E-commerce has the characters of virtual reality, high tech, openness, Globalization, high efficiency, low cost, cooperation, integration, Dynamic connection, and so on. (2) Elaborates the E-commerce present development situation. The global Internet user's fast growth has laid the good foundation for the E-commerce development, in the future 10 years 1/3 global international trade will be completed by the network trade form. At present the number of our country Internet users has already surpassed US, becomes the first around the whole world, although, E-commerce in our country started late, but developed extremely rapidly. (3) Draws out the importance of the consumers'rights and interests'protection in E-commerce. The E-commerce makes the expense become more convenient, but at the same time it will put the consumer to be at a disadvantage, In recent years, the E-commerce expense suits Increased year after year, have already become a big hot spot in the expense suits, the violation which the consumer rights and interests faced is serious day by day, it is urgent to strengthen the correlation protection.Secondly, the paper shows the meaning and basic content of customers'rights and interests, and we also list some conditions in which customers'legal rights are infringed in electronic commerce, these rights include information, security(including system security, property security, and privacy security), option (which mainly means the problem of format terms), fair deal (bad performance or delayed performance of deal contract, the after-sales service lack of insurance, the goods difficult to be exchanged), asking for recompense(the evidence of tort is difficult to be get, the responsibility of tort is difficult to be identified, jurisdiction is not clear). The paper also analyses the causes of these problems, which include, E-commerce has its own character, present laws are not complete to adapt to the demands, administrative supervision is impeded, credit evaluation mechanism has not been built up, customers'consciousness of self preservation is not strong enough and etc.Thirdly, the paper introduces and compares the international organizations and other countries'legislation and practice in the E-Commerce consumers'protection, such as OECD, EU, US, Japan and so on. (1) OECD established "Guidelines for Consumer protection in the Context of Electronic Commerce" and "Organization for Economic Cooperation and Development Action Plan for Electronic Commerce", through "the ministers'manifesto about protecting individual privacy in the global network ", confirmed the importance of individual privacy. (2) EU passed "Personal Data Protection Directive", "Europe Electronic Commerce Proposal", "Long-distance Contract Consumer Protection Directive", "Electronic Signature Law Directive" and so on, through the profession autonomy, establishing widely approved quality certification markings and behavior standards, encouraged strengthening the consumer's trust to the E-commerce. (3) US has promulgated a series of laws and documents, such as "Uniform Computer Information Transactions", "International and Domestic Electronic Signature Law" etc. Which Constituted the US E-commerce legal foundation and frame on the whole, through carrying out legal protection and with the initiative cooperating of the private sector, the consumer rights and interests will be protected in the E-commerce. (4) In Japan, during establishing and consummating correlated laws, the related department also enlarges supervising and managing the Internet transaction behavior. Through these introductions, the paper summarized the overseas experience and the enlightenment which brings to us.Lastly, the paper gives some strategies and advices of strengthening the protection of customers'rights and interests in the E-commerce, from our government's angle of view. These strategies and advices are based on the realities in China and experiences in foreign countries, and also in relation to the causes of customer's legal rights being infringed in E-commerce. (1) We should improve the laws and rules in relation to protection of customers. We should strengthen the protection of customers'rights of information, security, option, fair deal, asking for recompense, etc, and it should be practiced in the manner and idiographic form and requirement of disclosing information, in the rules of businesses'responsibility, in protecting personal data, in the rules of contract terms, in improving the relative rules of returning goods, in introducing compensation in advance. (2) We should strengthen the administrative supervision and introduce a license online system for enterprises, we should also change supervision pattern and build up national network for protecting customers'rights and interests in E-commerce. (3) We should strengthen law enforcement dynamics and build a law-enforcement team of high quality; we should also build up a mechanism of internal prompt reaction and strengthen the system of punishment. (4) We should build up a credit evaluation mechanism for managers in E-commerce and a system of reward and punishment. (5) We should strengthen education to customers. (6) We should take an active part in the international cooperation to protect the legal rights of domestic customers better than before. |
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