Study On The Protection Of The Consumer's Rights In The Network Transaction

To be a kind of new things, the network transaction is becoming a powerful strength in the worldwide day by day.Today the number of the consumers increased to 120 million, while it is only 17 million in 1997.Also the market scale increase from 400 million US dollars to 595 billion US dollars till 2005 .The network transaction is an openness and flexible economic type, it brings a lot of economic profit and a huge of commercial opportunities to the merchants.At the same time, consumers are also enjoying a comfortable, convenient and fast shopping experiences.As we know, the network transaction is hypothesized.It covers a large region and it is also has complex technique when people using it.Now in our country, we do not have any law to explicit how to protect the right of the consumer, especially we don't have any rules to the media of the network transaction -ISP, so we cann't supervise and manage the merchants, it will leads many risks when the transaction happened. According to Consumer Association's statistics, the related network transaction suit growth is very quick, already became 1.th ten bigsuits.Tn the year 2005, the total number reaches to 7189. Compare to last year, the range of increase is 96'3 precent.As the consumer, facing the all kinds of on-line commodities and the fascinating advertisements, which one should we choose? When our right receives encroaches, how to do to?Seven years' legal study, causes me to think of these legal matters.Whether the transaction sellers in network are the concept operators in the traditional?Which illegal acts have appeared that encroached upon the consumers' rights and interests in the network transaction?In view of these behaviors, what types of rights do the consumers have?And how is the ISP' legal status now? Whether they have to undertake the corresponding legal liabilities about encroaching upon consumers' behaviors? So this have proposed the new challenges to our tradition law. If we can't give the reasonable solutions to these problems as soon as possible, which will cause the consumers to lose the trust and the confidence to the network transaction. Also it is extremely disadvantageous to the development of the network transaction.This article's center is to protect the consumers' rights and interests, which gives an introduction to the basic concept of network transaction, and summaries several kinds typical merchants' behaviors which have infringed upon consumers' rights and interests. Because of this, proposing the countermeasures to protect consumers' rights and interests. Among them, we must give the special attention to the ISP's legal status and the legal liabilities. The purpose of these researches is to standard the sellers' behaviors, safeguard consumers' rights and interests, establish the healthy and developing transaction space.