The Legal Issues Study On Protection Of Consumers' Rights In Internet Trade

Now the network has become an integral part of many people's live and work. Statistic report released by China Internet Information Center (CNNIC) on 2008-07-24 shows that the number of Internet users in China reached 253 million people and for the first time surpassed the United States ranked first in the world as of the end of Jun 2008. As an advanced way of doing business through, Internet transactions in China's development is still inadequate, but the theory is quite concerned about it. On the whole, the current focus on writing this piece is about e-commerce. In essence, there is a difference between e-commerce transactions and network transactions, but e-commerce transactions also embody the commonality of network transactions, so it can be drew lessons from to explore the issue of network transactions. Network transactions provide a new human form of transaction, but at the same time, the law to adjust the traditional market is facing serious challenges. While consumers enjoy more convenient and efficient consumption patterns in the network, they face more disadvantages, such as privacy and disclosure of potential safety problems and other issues, offenses in the network environment violate the interests of consumers. Therefore, as an important component of network transactions, the legal protection of the interests of consumers has become extremely important. There are many problems in the protection of consumers' rights, such as the right to security, the right to know, the right to return, the right to privacy, as well as the responsibility to define the jurisdiction and accountability and so on, and it put forward new demands of China's present legal system, we need to find responses as soon as possible, establish and improve a set of laws and regulations to regulate and protect it. The ultimate aim is to create a good Internet environment and to protect the legitimate rights and interests of consumers. At present, the legal aspects of building a system of China's network trade is still much lower than that of the Western countries, we need to learn from the advanced experience of developed countries. On this basis, look at our existing legal system about the protection of consumer interests in the network transactions, we must put forward a series of effective protection measures.First of all, the author starts the necessary analysis about the protection of consumer's rights and interests in the Internet on the basic content, the economics and legal theory of network transactions. It was carried out from the theory of supply and demand, the theory of costs and benefits, the theory of asymmetric information on Economics major; on the law major it was carried out from the unified theory of fairness and efficiency, the theory of the right to development and security, the theory of economic progress and justice. It lays a solid theoretical foundation to further study the protection of the interests of Internet consumers.Secondly, through our empirical research and analysis of current state to the protection of the interests of consumers in the network Transactions, we boil down the problems and shortcomings, and reveal that as a result of the virtual network, openness, cooperation and reciprocity it leads to a series loss of consumer rights as well as the loss of our imperfect legal system. Also it provides a new perspective for us to come up with strategies to the protection of consumers in the network below.Third, we focused on the study of the major developed trading network of consumer rights protection mode, building a legal system, as well as the practical operation, summer up the experience of foreign-related revelation and they have great reference to improve the protection of China's current model.Finally, in this dissertation, based on the survey of the present research situation and development trends at home and abroad of consumers rights and interests protection in e-commerce, from the view of law, how to protect consumers rights and interests protection in e-commerce is profoundly studied, meanwhile corresponding measures are proposed.