The Legislation Study On Protection Of Consumers' Rights In Internet Trade

With the development of information technology and internet technology, the electronic business has brought huge influences on our life. 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. As a new business mode, the internet business has supplied us totally new business methods. 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, lead to the consumers are enjoying the convenience and the speed, at the same time, they also start to face more disadvantages compared to the traditional business mode. 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. In the year 2009, the total number reaches to 80640. Compare to last year, the range of increase is 82.33%.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? Three years'legal study, causes me to think of these legal matters. Whether the teansaction sellers in network are the concept operators in the traditional? Which illegal acts have appeared that encroached upon the conseumers'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 teadition 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.In this case, the protection of consumers'legal rights appears essential. The regulations and rules about consumers'legal rights protection in electronic business disperse in Civil Law, Contract Law, Consumers'rights and interests protection law, etc. The descriptions are simple, decentralized and lack of the protection for consumers'extension rights. Why do the consumers are on a more disadvantageous status? What influences and challenges do internet business has taken to the consumers and their rights? What are the new rights in internet business environment, and what are its presentation forms? How to establish a fair consuming enviroment? Basing on the protecting consumer and booming internet economy, the essay adops generous cases, proposes the problem of protection of consumers, ncluding to be aware of product quantity, to relieve consumers'duty, secrets, form contract, safty etc. This article starts from describing the changes of the current consumers'rights in internet business on the basis of internet business feature analysis, takes the problems of the protection of consumers'rights as research's object and try to find the answers of the above questions combining the current situation of consumers'rights protection in electronic business in domestic. The article consists of 4 parts.Part 1, Civil law on the Internet business of the basic concepts involved in a brief introduction. Describes the network transaction models feature the relationship between civil law and the elements,laying the foundation for the following research. The author focuses in the main consumer of legal relations between the internet business and its main subject of the definition of the scope, and the different points with the traditional legal relationship. Introduced the object and the content of the network business. Especially the concept and characteristics of the ISP, and also the classification and legal status and legal liability of the ISP.Part2, Internet business breaks through the limit of time and space, establishes a separate invisible market outside of the traditional one, and realizes the conversion from trade in paper to non-paper trade. With the new advantages, internet business promotes the appearance of opening trade, establishes more direct contact between consumers and enterprises, But at the same time, the feature of internet helps the internet operators get more advantageous status than the consumers by controlling the advanced technologies and informtion. This pricks up the unbalanced situation between operators and consumers, and brings more diffculties on consumers'rights protection in internet. This part analyses and compares the change of consumers'rights in internet business, put forward the typical problems in consumers'right protection in internet, such as right of knowing, fair trade right, safty right and free choosing right and so on . This part studies the representation methods and legislation situation.Part3, Focuse in introducting the legislation situation of China, analyzes the problems of consumers'rights protection in internet and tries to find the solutions for it . The internet business is under-developed in China, the sense of right protection is very weak, and therefore China has more difficulties. We should work from two sides: 1. Establishes the basic legal principles of consumers'rights protection in internet business. And we should also bring industrial self-control and consumer self-control into function, improve the consumers'self-protecting abilities, reduce the possibilities of consumers'right damages; 2. Perfects the legal rules in consumer right protection. Improve specific legal system.Part4, Improve the internet business transactions of the relief system to protect consumers'rights. Try to find convinient and effective solutions, set up on-line dispute settlement method besides the traditional lawsuit or arbitration.The essay adopts basic research ways, including contrast, logical positivism . For the limit length of writing, the author emphasizes some important basic rights. The essay may provide some reference legislation advice and hope that can attact the attention of specialist field and administration department. The final purpose is to build a good on-line trade environment for the consumer, protect consumers'rights and interests, and bring about an advance in benign cycle of the internet commerce. Because of the author's theoretical level and practical experience is limited, this essay will inevitably be inappropriate, Hope experts don't hesitate to give some advices.