The Protection Of Consumer Rights Under The E-business Environment

Electronic commerce is a kind of brand-new transaction pattern, while create the huge economic efficiency for the society, also bring to the enormous challenges,such as,the rights and interests protecting problem. How to protect the consumer's right in the electronic commerce environment, how to raise consumer's confidence, also has become an key question to impetus electronic commerce development.This article take the consumer's rights and interests protection question under the electronic commerce environment as the object of study, how to confirm and protect the consumer 's basic right , through profits from the International organization, the topicality organization and the major country execution laws and regulations, the policy as well as the guidance principle, the union case carries on the legal science analysis theoretically, constructs our country electronic commerce consumer rights and interests protection system by the time to carry on the beneficial exploration, and aims in our country electronic commerce consumer rights and interests protection the right of privacy question, business's special commitment question, on-line transaction dispute solution and so on concrete question to propose the concrete countermeasure.This article take "The Consumer's Rights and interests Protection Under Electronic commerce Environment" as a topic, mainly to launch the elaboration from the following several aspects.The first part: Electronic commerce characteristics and the consumer's rights and interests protection characteristic. Electronic commerce is a series of trade activity which launched using the Internet, it broke through the time and the spatial limit, has established an independent invisible market outside the traditional market, realized has traded from the paper surface to the paperless transaction transformation, has facilitated the opening trade production. Has established more direct relations between the consumer and the enterprise, has the tradition to trade the incomparable superiority. But simultaneously the network characteristic also causes the network operator to rely on the vanguard technology which and the information in her hand grasps, has the superiority status compared with the traditional commerce environment's under consumer, thus intensified between the operator and consumer's non-equilibrium state, causes the consumer's rights and interests protection is hard toes start in the network environment.The second part: In electronic commerce the consumer's rights and interests protection faces challenge and countermeasure. We can see from ,the analysis, electronic commerce's particularity, in the electronic commerce activity is related the matching facilities imperfect as well as enterprise own reason is the consumer rights and interests receives the harm the primary cause. In current electronic commerce consumer's protection has the following problem, mainly involves the transaction security, the right to know, the right of privacy, the exaggerated advertisement, draws back exchanges goods, the electronic contract's potency as well as the solution which disputed with the consumer and so on related question. This part in view of these questions from its manifestation, the domestic legislative present situation 11 has carried on the discussion, some also from profit from the overseas legislation to obtain to touch initially to its solution countermeasure.The third part: In electronic commerce consumer rights and interests protection concrete legal regime discussion. At present ,on the world many national and organizations are released these problems and made massive laws and regulations or the rule, these practices have made the good progress, but comparatively, our country, because the electronic commerce start was late, the relatively laws and regulations are also deficient, the consumer protected level is much lower , so has the necessity to use for reference. This part take the world economics cooperation and the development organization, the US and European Union as well as Japan as typical representative, has carried on the research analysis to its making's consumer rights and interests protection related rule and the laws and regulations. These countries and organizations made a good model for our country.The fourth part: Constructs the electronic commerce consumer rights and interests protection legal regime of our country.In our country,the development of the electronic is lower, consumer's right consciousness is quite light, therefore our country the consumer protection rights' and interests' duty is more arduous in the electronic commerce, this article thought that mainly should obtain from the following four aspects: 1. In establishment electronic commerce operator's market access system and network authentication mechanism. Enhances the consumer to the electronic commerce confidence, the promotion electronic commerce benign development. 2. provides the convenience effective relief way, with outside the traditional lawsuit or the arbitration way, establishes the online dispute solution way, nimble and effective solution dispute, processing conflict. 3. the display civil rights strength, strengthens on-line transaction supervision. 4. Rules and regulations form contract.