Study Of Consumer Protection In E-commerce Legal Issues

The technical development of computer network developed different businessmode with the traditional business since nineties of twenties century, namelyelectronic commerce, commonly refers to business transactions based on the internetas a running platform. The electronic commerce has advantages of drawing on theconsumer more than the traditional commerce. But to consumer, because of theconjecture of the network, no national boundary,high-tech characteristics make theconsumer face more cheat, mistake of the meaning, deceitful advertisement,operational mistake when they trade on the internet than traditional transactions, Justas these problems exist that lead to the necessities of consumer protection. Today theelectronic commerce develop quickly, the consumer's rights and interests protectionface the problems how to deal with these new bargain methods of the networkeconomy,electronic commerce that brings to the consumer.Because of the trading way took place fundamental change, there appeared manyproblems about consumer's rights and interests protection that didn't have in theelectronic commerce. First, the problem of information safety. The consumer'spersonal credit card password and a few other personal data of the privacy willexpose entirely in the condition of electronic commerce, if these data areleaked,forged,distorted that will make consumers carrying on the electroniccommerce bargain suffer unexpected loss, will also cause serious damages to theelectronic commerce itself. Secondly, the problem of advertisement cheats andadvertisement mislead. The information transactions are the important contents of theelectronic commerce, if the information supplier make use of an information to carryon cheat or mislead consumer by deceitful and dishonest advertisement, will make thelegal rights of the consumer be subjected to damage. Because the advertisement is themain basis of the on-line shopping, the consumer shopping on the internet isaccording to the advertisement writing and the picture provided for the informationwhen he is carrying on the choice, judgment and make a decision, not like traditional trade and can choose on the face, so deceitful advertisement has more harmful in theelectronic commerce. Thirdly, the problem of responsibility defining and pursuing. Inthe transaction of electronic commerce, a merchandise sent to the consumer at the endpossibly need to through several subjects such as manufacturer,seller and keep theluck,through several links such as the merchandise information communicating,thegoods for sending,the payment of the price etc, whichever link happens a problem,will injure the legal rights of the consumer. Because there are many links,how to dealwith the possible questions: such as the problem of product quality, the problem ofconsumer's different understanding, the problem of merchandise damaging and theproblem of counterfeit false or inferior products etc,these will produce a difficult indefining and pursuing responsibilities. These influent to the consumer's rights andinterests inevitably. Because the existence of these problems make consumers worryof uncertainty when they carry on the electronic commerce bargain, the credibility ofdoubting about the electronic commerce, thus seriously prevent the development ofthe electronic commerce.For promoting and safeguarding the overall development of the electroniccommerce, the United States drew up Uniform Electronic Transactions Act,emphasize to protect personal right of privacy and information safety, besides thislaw, it drew up Uniform Computer Information Transactions Act too,adopted to theconsumers' rights and interests protection toward information transactions. The EUpassed of Instruction Concerning the Long Range Contract That Make the Processfor Consumer Protective,ruled many measures for the legal rights protection whenthey trade on the internet, the explicit provision is in the long range contract beforemaking, the goods or the service supplier have an obligation toward consumer toprovide the supplier's identity,the function, characteristics of the goods orservices, prices and delivering goods expenses, paying and a way for delivering goods,the consumer cancels the right of the order, the term of validity of the offer, the termof the contract etc, and pass written form or other hold out for long time of carrying abody toward consumer to confirm, the consumer can have the power to return of goods or relief contract in 7 workdays at least. The Korea established not only TheElectronic Commerce Fundamental Law, and for protecting the consumer in theelectronic commerce more availably, drew up exclusively The Consumer ProtectiveLaw for Electronic Commerce. we can see from the way of the above-mentionednations:Only pass specialized lawmaking, then can protect the legal rights of theconsumer in the electronic commerce effectively.The electronic commerce has the environment that easily occurr cheatingbehavior, but our country's current law mostly drew up when the electroniccommerce didn't appear, can't be applicable to network environment completely. Forstopping cheating,misleading and unfair business behavior effectively, set up theconfidence of the consumer, balance the relationship between producers andconsumers, we have to perfect the related law in the electronic commerce realm,strengthen protection to the consumers' rights and interests. The writer think thatreference and drawing lessons from the related lawmaking of above-mentionednations, draw up protective law of the electronic commerce consumers' rights andinterests exclusively in the national scope, the explicit provision of the informationpublisher an obligation to electronic commerce executive and unconditionally reliefcontract or the power of rejecting goods system, and is in line with related law of theinternational consumers' rights and interests protection. Secondly, in order tomaintain health and normal market order,protect the legal rights of consumer,wemust carry on law rules and regulate the network advertisement effectively. The third,for the sake of assuring trade safety, we have to lie the obligation and theresponsibility of the website in the norm. The fourth, the payment mechanism of theperfect electronic commerce, guarantees consumer's refuting power. In the end,strengthen the protection to personal information and the privacy.