The Legal Issues Of The Consumer Protection In Network Transactions

With the rapid popularization of the Internet, people's living standards greatly improved, network transaction grew rapidly in recent years which enriched people's leisure life greatly, brought quick and convenience for people shopping and consuming, in changing people's traditional shopping way , it also made contribution for the prosperity of China's market economy . However, due to the network characteristics of the transaction itself, the network transactions and the various legal issues are also increasingly attract the general consumers, the concerned scholars and legislators'attention.Information disclosure is a more prominent issue in the network transaction, a large number of false advertising flooded every corner of the transaction in the network, consumers can easily receive such misleading advertisements which resulting in interests is damaged. However, relying on traditional methods of legal regulation, it is difficult to create an effective advertising network transactions constraint. The network operator of the main trade information and goods or services, the issue of disclosure of information also has attracted extensive attention of consumers, we can often see the consumers suffered from online fraud, buying the illegal, breach of contract commodities in newspapers, periodicals, TV, in the end because of various reasons, unable to defend their rights and interests, which have prompted lawmakers should try to establish and improve an effective network of trading information disclosure system."Consumer Rights Protection Law" amendment has been put on the agenda of the National People's Congress, which clearly put forward for network transactions, the establishment of a remote transaction system for cooling-off period, how to recommend a suitable system for China's national conditions of the cooling-off period in our country is also worth our exploring. At the same time, there are still a large number of standard terms in network transaction, these provisions in relation to the format of the traditional terms of the transaction is more hidden, irrational and the supervision of law is imperative.Internet trading is a remote transaction, when there is a dispute, consumers safeguard their own interests according to our country's laws, they often find themselves confronted by a court of competent jurisdiction is difficult to determine the burden of proof difficulties, greater difficulties such as litigation expenses, which are seriously affected consumers to safeguard their own interests through the exercise of the right to appeal the initiative. By examining the systems in other countries, according to China's national conditions, our country should rationally determine the jurisdiction of the courts, the allocation of the burden of proof, and explore the establishment of small claims system in order to safeguard the interests of consumers. In addition, through the establishment of online dispute resolution mechanisms that enable consumers'protection more convenient and faster, this is also a strong complement to our litigation system.