On The Legal Issues Of Consumer Protection In E-commerce

The rapid development of the Internet has changed the traditional way of trading , giving birth to e-commerce. More and more consumers are in favor of it because of its rapid ,convenient, low-cost features. B2C e-commerce has being developed rapidly, and unbounded network has also facilitated the development of cross-border B2C e-commerce. Meanwhile it also triggered a large number of issues, including some new issues in consumer protection. So, it's meaningful to research the legal issues of consumer protection in B2C e-commerce because the protection of the interests of consumers in electronic commerce will foster consumers' confidence in the enterprises, and ultimately promote the healthy and rapid development of B2C e-commerce, including cross-border B2C transactions ,and optimize the allocation of global resources and technology.The European Union has issued a series of conventions, directives and regulations to regulate the legal issues of consumer protection in B2C e-commerce. Moreover, EU has established an online dispute settlement mechanism besides the traditional dispute settlement system.. In short, EU has constructed a relatively perfect e-commerce consumer protection system .In contrast, in China, there is no specific law except the "Electronic Signature Law" to regulate the legal issues of e-commerce consumer protection, especially in cross-border B2C e-commerce. This paper aims to study EU's regulation to the legal issues of consumer protection in B2C e-commerce , analyse the relative laws from the perspective of comparative law, learn from the advanced experience of EU, fill the loopholes and missing in our laws, promote B2C e - commerce in China, and create a favorable legal environment for the consumer protection of cross-border B2C e-commerce .The methodology of this paper is mainly directed at synthetic analysis combined with comparative analysis and case studies. This paper is divided into four parts:Partâ… presents an overview of e-commerce and an overview of consumer protection. Firstly, the paper introduces the definition of e-commerce, types, characteristics and significance of the development of e-commerce. Secondly, it clarifies the scope of the consumers on this subject : the consumers in B2C e-commerce and individual purchasers in C2C e-commerce when the enterprises registered in the name of the individuals, then it introduces the significance of consumer protection in e-commerce. Finally, it presents the status quo. of e-commerce consumer protection legislation .Partâ…¡expounds the legal issues in consumer protection in B2C e-commerce ,including the issues of the consumer's right to know, the right of fair trade and the problems in the dispute settlement mechanism .Partâ…¢focuses on the laws, regulations of European Union governing the legal issues concerning the consumer protection in e-commerce. EU protects the right to know of consumers in e-commerce through the online information disclosure system and "Unfair Commercial Practices Directive"; protects the right of fair trade in e-commerce pursuant to the relevant provisions of "Distance Selling Directive" and "Directive on Unfair Terms in Consumer Contracts"; protects the privacy of consumers in e-commerce in accordance with "Privacy Directive" and "E-Privacy Directive" and "Safe Harbor Agreement" ,protects the security of consumers in electronic payment pursuant to the "Distance Selling Directive" and 97/489/EC Proposal; and protects the interests of consumers in e-commerce through the protective jurisdiction of the provisions in "Council Regulation (EC) No 44/2001"and by utilizing the ODR mechanisms .Partâ…£compares the laws that can be applied to e-commerce inspect of consumer protection with that in European Union. Firstly, the author makes contrast to the information disclosure system between EU and China, advising to make a specific e-commerce law or amend the laws protecting the rights and interests of consumers in e-commerce by adding contents, coverage and ways of online information disclosure system.. Secondly, by comparing the regulations against unfair business conduct between China and the EU, "Personal Information Protection Law (Experts Consultative Document) " with "Privacy Directive", the author makes some revising suggestions. Finally, the author makes contrast to the provisions of jurisdiction dealing with cross-border B2C e-commerce in EU and that in China , advising to establish the principle of jurisdiction which is in favor of consumers and lay emphasis on the principles of jurisdiction agreement and develop it.