Legal Countermeasures For The Protection Of Consumers 'Fair Trade Rights In China' S Network Transactions

In general, the transparency of the trading market is conducive to safeguardthe interests of the consumers.However, in the market, there are factors such asinformation asymmetry making consumers in a weak position,therefore,the lawalways gives the consumers special protection. The Law of the People’s Republicof China on the Protection of Consumers’ Rights and Interests is a key part ofsocialist market economy legal system.Along with the development of sciences and techniques,the Internet bring peopleinto the era of information economy.People are increasingly inseparable from thenetwork,can’t be separated from the network.More and more people begin to favourthe way of online shopping. The way of Online trading helps people save time,energy and money. However, the virtual network space and non-face-to-facenoline trading and the senior network technology reinforce the consumers to aweaker position in the network environment. With the advantageous position,thebusiness operator of the network trading market enroach on consumer fair tradingright by the use of formal contract.They also use the Internet fraud and unfaircompetition to encroach on the consumers fair trading right. This bring bigchallenges to The consumer legislation.This paper is divided into five chapters.The first chapter is introduction, it mainly introduces the research background,practical significance and research method of this article.The second chapter mainly introduces present situation of the network tradedevelopment as well as B2C and C2C which are ways of the network tradingrelating to consumers.It also introduce the characteristics of onlinetransactions and an overview of fair right of consumer in network tradingmarkt.The third chapter mainly introduces the situation that the fair trading right ofconsumers is infringed in network environment.we analyzed differentexpressing forms of the fair trading right of consumers is infringed from thepoints of substantive law and procedural law in network environment and discuss thevarious aspects reason from the fair trading right of the consumers been violated innetwork market.In the fourth chapter, this article mainly introduce the protection legislation of fair trade rights in the network transaction. First,I introduced andanalyzed the advanced legal system of the international organization,the UnitedStates, South Korea and Japan related to the fair trading right of consumers innetwork transaction. Then,I introduced the protection legislation of the fairtrading right in the network transactions in our country and explored thedrawbacks of current law regulation in the hope of searching for better solutionsto prefect the system of the consumer fair trading right protection.In the fifth chapter,I put forward some suggestions to profect the fair rights ofconsumers in network transactions, and gived some concrete Suggestions frommarket-access system,forcing the operator information disclosure obligations,establishing the operator’s reputation evaluation syste,regulating formatcontract,establishing online dispute resolution and standardizeing litigationevidence,so as to realize protection of consumer fair trading right in network marketand realize the maintenance network market healthy, stable and continuousoperation.