The Research On The Civil Protection Of The Seller's Rights During Online Shopping

Online shopping today has already stepped into people's lives, and many people enjoy the convenience and benefits from it. But this new model of business transactions also exerts great impact on the traditional civil and commercial law. To adjust this new phenomenon, the existing legal norms can not reach a lot of places and also have a lot of controversy. In response to the development of electronic commerce in China, the department concerned has issued the "Electronic Signature Law", which, however, has only solved some of the problems arising in reality. As online shopping transactions'buyers'identity is virtual, the transaction process model is filled with uncertainty and transactions into a cash on delivery or the third party payment method for online shopping, all mentioned above is in the interests of the buyer. This arbitrarily violates the breach of contract against the seller, which has provided an objective condition, often resulting in a network difficult to protect the interests of the seller's state.Therefore, the seller on online shopping in the form of rights have been violated and the reasons for practical and theoretical analysis is necessary to make a study on this issue is useful, in fact, based on the principle of fairness in the protection of civil rights and interests of consumers and the network, while the seller rights concerns it should be. This article is divided into four parts. The first part is the particularity of online shopping in the analysis of the seller. In the traditional contract of sale, due to face to face transaction, the seller also has corresponding business places, so the contract is easier to determine the identity of the seller. It is basically a civil eligibility subject. While online shopping, especially in the trading system and third party cases, the seller is only exhibited by electronic identity and network outlets. No current legal status of an effective verification of the seller and effective measures, resulting in the traditional contract of sale and can not be natural subjects. Online shopping in the successful conclusion of a contract can, and do all the fulfillment process; in the traditional setting process of sales contract, the need for the expression of the meaning from the contracting parties should be direc; while the intention in online shopping may not be made in person, but can be pre-configured automatically. The traditional contract of sale requests the parties to sign and then be confirmed in the form of writing, but in online shopping it is no longer needed. The contract requirements of electronic signatures are enough, as long as they are real, complete and can be inquired. The electronic signatures have the same effect as a written signature.The second part is an analysis of the types and the reasons of the sellers'loss of interests on the online shopping despite net purchases are in the interests of the two at the same time. But because of its trading platform and payment models are very different, different trading patterns'types of abuse are different. In the "business - customer" model, as businessmen build and manage their own shopping site in the process of contracting, the contract means that the sales can be made automatically by the program and cash can be taken on delivery payment mode, so the main body of non-eligibility of the Civil The purchase prone, but also facilitated conditions for hostile orders. While the possibility for buyers'refusal to take delivery of goods has greatly increased t, due to equipment, technology or hacker intrusion and loss of data resulting from transactions, change or the situation which can not convey will occur frequently; in "customer - client" mode, as trading platform provided by a third party in contracting process, meaning that very often the interaction and the payment are mostly the third-party payment, the "business - client "mode, therefore suffered less damage which occurs in such situations. But the damage of the"customers - clients " mode has its own special characteristics. Because the seller is leasing a third party trading platform with the site related to the management agreements, which would lead the buyer to malicious complaint agreement, resulting in the closedown of the online shops; While as to the payment by a third party method, consumers'malicious going back on in the real world is still common; For the site management sides, due to their own interests, from time to time shielding some or all of the sellers'online shop or commodities are common. The reasons for the damage to the sellers have both network and technical reasons. It also has the human and the legal factors. Because of technology, equipment and network characteristics of the virtual network, the sellers cannot control the basic transaction and be aware of the real process. They mainly depend on the data message to judge, which has its negligence and errors. In addition,the disadvantages of the seller information,as well the consumers mindset—the seller is a strong group—is also very important.The third part is the analysis of the deficiency of the existing laws and regulations on the protection of the rights of the sellers. In the market economy, the protection of the consumers'interests should be balanced with the sellers', which will not only embody the principles of fairness, but also will have practical significance to the development of the market economy. Norms of the online shopping in China are mainly based on the current "contract law", and "electronic signature law", and the State Department, as well as the Commerce Department's policy document on e-commerce. The present relevant laws and regulations and some guidance have promoted the online shopping, but the current legal code and construction practice are the general norms, when resolving specific problems, they are not operational. Although some policy documents or comments have relatively specific norms, they are not legally mandatory.In the fourth part, the author of this paper puts forward his own views as well as some suggestions on the protection of the rights of both sides. First, the identification system of the consumer should be established in order to solve the identity problems arising from the virtual nature of online shopping. It should be dealt with from two folds: one is to establish consumer identity verification system in the light of banking business "personal deposit accounts under real names". Second, some consumer shopping site itself had better set identification measures; besides, due to the simultaneous arrival of the messages during the network transactions, the making of an offer, the promise of withdrawal and the revocation of the basic agreement, can not be achieved, then the system set up to confirm receipt can be considered as one of the strategies to deal with the problems. Such a withdrawal would give the offer period, which makes the "Contract Law" on Yao Yue Shun Li revocation provisions still apply to online shopping may be in the contract; for disputes arising from online shopping and the uneconomical solutions to the real, networking non-complaint resolution mechanism is a suitable choice; finally the seller should bear in mind that he or she has to take the initiative to verify the network orders and establish internal customer credit system and other measures to avoid unnecessary risks.