The Research On The Legal Issues Of Consumer Protection And Countermeasures In Electronic Commerce

As the rapid development of e-commerce, it not only makes people's life easier and faster, but brings the traditional system of consumer protection laws a great impact. Because of the unique characteristics of e-commerce and the lag of related laws and regulations, e-commerce consumer protection encountered so many difficulties. The virtuality of the network and the remote nature of e-commerce has brought the right to know of e-commerce consumer with much hinder, in addition, internet fraud and false advertising occur from time to time, which makes consumers be faced with more serious scarcity of information. The development of network technology has brought the consumers all kinds of security threats in e-commerce transactions. The back-to-back property of the two parties in the trading patterns of e-commerce highlights the significance of the right to the return of consumers, but the remote nature of e-commerce has caused the realization of consumers'right to return a number of practical obstacles. The difficulty to determine who has the responsibility, the unclearity of the trial court and the burden of proof and the complexity of judicial proceedings make the right of claims of the consumers realize unsmoothly.To solve each problem of consumer protection in e-commerce, it should build on a legal system which should be on all aspects of e-commerce system of strict regulation. First of all, the market access and accreditation system about the network operator of e-commerce and e-commerce website operators should be strengthened to protect the rights and interests of consumers in e-commerce from the source; Secondly, the full and true disclosure of the information is an important means to help the e-commerce consumers in disadvantage, so it should strengthen the information disclosure obligations of the network operators and e-commerce web site, and it should make reasonable arrangements about the manner and extent of information disclosure. At the same time, it should focus on the government monitoring and community supervision, and establish the government and society information disclosure system; In addition, reasonable and scientific dispute settlement mechanism is an important safeguard to protect the rights and interests of consumers, which requires reasonable arrangements on our legal solution and procedures for e-commerce disputes. China should learn from foreign experience, and according to the specific national conditions of China, to build the system of cooling-off period to ensure the realization of the right to return of e-commerce consumers. As for e-commerce contract dispute issues of jurisdiction, it should follow the principle that the domicile of the consumer have jurisdiction, while respecting the free will of consumers, accepting the jurisdiction selected by the transaction agreement; and as for network infringement dispute, the applicable principles is the place most closely linked to have jurisdiction, and according to the specific situation of China, the principle that the court in domicile of the consumer have jurisdiction can be used under certain conditions. Besides, considering the reality of the disadvantaged position of the e-commerce consumers and the difficulties of afford proof, inverted burden of proof should be applied to e-commerce transaction disputes. In addition, China should try to set up online complaint center, and introduce the online dispute resolution mechanisms which can deal with e-commerce transaction disputes fast and efficiently, and enable consumers to seek relief in a broader way and lower costs.