Research On Legislation Of Consumer Rights Protection In B2C Mode Of Network Transaction In China

Now, with the Internet as the representative of the rapid development of information technology gives people many traditional behavior mode has brought profound changes and far-reaching influence, the traditional mode of shopping(shopping or network) is more and more obvious by the application of information technology to the field of Internet shopping strong impact, the network transaction mode represented by B2C(or online shopping) has gradually become a way of life for people around the world, of all ages of the daily life of be accustomed to. However, network transactions at the same time, the problem of consumer rights protection also makes this highly dependent on the virtual network transactions gradually emerged.From our existing protection of consumers’ rights and interests under the network environment of the legal system, they are poor, simple and scattered, obvious lag, strong in principle and the problem of poor operation. These laws are just scattered in China’s "consumer protection law", "civil law" and other relevant provisions of the law, the protection of consumer rights distribution is very weak, has been unable to meet the urgent needs of the era of e-commerce consumer protection. Coupled with the network shopping consumers to online shopping this virtual trading environment and the need to complete the online shopping network technology to master certain incomplete, which makes the consumer rights protection network transactions under B2 C mode in practice the problems emerge in an endless stream. The main performance of consumer online transactions B2 C mode for violation of the consumer’s right to know, limited security threatened, even bargain rights are infringed, the right to damages is difficult to achieve.Through the practice of introducing the case, reflects China’s B2 C online trading mode problems under consumer protection legislation. In order to fully draw on foreign trading network on the mature legislative experience, combined with China’s specific national conditions and the trade of the network under the B2 C model of consumer rights protection situation, proposed legislation to protect the interests of consumers in China B2 C online trading mode under the measures should be taken to strengthen information disclosure obligations: the network operator B2 C online trading mode under the network operators: a clear obligation of information disclosure; amend the existing "advertisement law" the regulation of false advertising; of the online trading platform provider review obligations clear legislation, improve the network shopping operators access threshold. Increase the provisions of consumers’ safety aspects of the problem: safety protection regulations and quality of goods; specialized legislation on electronic payment allocation problem; increase the requirements of privacy in special law. Specify format terms and the right of return: the standard terms of the contract format provisions; increase the right of return, and details of. Perfect the compensation mechanism of damages: perfect favorable consumer protection rules of jurisdiction; provisions for litigation rules of consumers; the establishment of precipitation payment mechanism and non litigation dispute resolution mechanism.