An Empirical Study On The Protection Of Consumers' Rights And Interests In Online Shopping

In recent years, with the vigorous development of the Internet, the scale and the increasing number of online shopping at the same time, online shopping consumer infringement phenomenon also presents the explosive growth. Online shopping because of its low price, convenient, favored by more and more consumers, is different from the real shopping, however, the particularity of the network shopping consumer rights and interests protection, as well as the related legal lag, making online shopping size and number of infringement and online shopping consumption present a tendency of positive correlation. Due to the particularity of network transaction, the buyer and the seller is not face-to-face trading site, but the platform through the network communication, communication and transaction. Limited network of virtual sex, the consumer the real characteristics of goods can only through the website propaganda and pictures to understand, again through electronic banking online settlement, receive the goods logistics company to send. In this case, the consumer’s right to know it will be difficult to obtain safeguard the commodities, the quality of the actual situation can’t make an accurate estimate, for goods itself may be hidden faults are unknown. This creates consumers vulnerable position in network transaction, consumers in the convenience of shopping at the same time also by the different degree of infringement, problems existing in the protection of the law benefit should not be ignored. Network shopping environment different from the traditional shopping environment, the consumer should not only in the face of network operators, operators also face goods. Consumers usually choose their own familiar with reliable landing site, but rarely understand the condition of a web site operator, and most people are easy to confuse the relationship between the network operators and operators, in the event of dispute of network shopping, confirm the main responsibility is very difficult. At the same time, consumers in online shopping at the same time, their personal information is information website and the seller is known, when consumer is in online trading can obtain security, become the most concern of the consumers. To ensure the safety of consumers’ rights are the consumers’ rights and interests protects a law specific provision, one of the consumer rights in network shopping this special shopping environment, online payment security problem, the protection of virtual property, personal information privacy protection problems are network operators and shop operators must bear duty. When dispute occurs after the network shopping, how to protect the legitimate rights and interests of consumers is the current must solve the problem. Online shopping are much harder to solve dispute reason is various, including the jurisdiction is difficult to confirm, consumers, the applicable law of proof boundary fuzzy, litigation cost is too high. In the existing legal system of consumer protection is not perfect, the network shopping on the Internet laws and regulations of the development of the practice is not rare, but specifically for online shopping, especially for consumer rights issues in the network shopping is few and far between. At present, the network shopping dispute applicable law is mainly the general principles of the civil law, contract law, consumer rights and interests protects a law, product quality standard, etc., special legislation for Internet shopping is very limited, which creates a legal definition is not clear and lack of consumer rights and interests protection question, in view of the rapid development of China’s online shopping, in ensuring the healthy development of network economy at the same time, how to protect the legitimate rights and interests of the consumers is the current urgent, problems to be solved. In view of the present network market confusion and the lack of regulatory legislation, the hardship of consumer rights protection, this paper hopes that by the analysis of various problems arising from the network shopping, reasonable profit from the overseas legislation and research results, combined with the reality of our country, put forward their own views, to how to effectively implement the network shopping consumer rights protection in the reasonable Suggestions are presented.