Ec Consumer Rights Protection System

Electronic commerce (EC), which has its origin in the development of the computer networking of the 20^th century, has produced new models different from traditional trading. To put it briefly, EC helps business partners reach their goals by using communications and information sharing. EC has stretched the limit of time and space, and completely changed the model of traditional transactions. Service industry of information society with EC remaining dominant has changed the patterns of service providing and consumption; even the relationship between providers and consumers. However, it's true that the change of consumers' roles bring about a lot of convenience. But it makes them face with the uncertainty when they are protecting the rights during trading.With the change of the way of trading, many problems on the protection of consumers' rights appear. The problems, deceptive ads caused by virtual trading on the Internet and cheating by electronic contracts, violate consumers' rights to know and of fair dealing, which has defined in Law of the People's Republic of China on the Protection of Consumers' Rights and Interests. The openness of EC results in the problems on the security of person, property and privacy. The infinity of business addresses causes the problems how to confirm the patterns of jurisdiction and supervision. The uncertainty and nonidentity of EC subjects violate consumers' rights to choose and of fair dealing. Format contracts limit consumers' rights.In the USA, Law of International and Local Electronic Commerce Signature has got through, which establishes the protection principle of the consumers' rights in EC to promote the development of EC and protect the consumers' rights. Economy Cooperation and Development Organization announced Needle of the Protection of the consumers within EC in December, 1999. The document mainly presents some principles and guiding proposals towards how to protect the consumers in the pattern of B to C. The EU also has more perfect protection system. The main relevant laws include: Electronic Commerce Instruction, Electronics Signature Instruction, Sale Instruction of Long Rang and Data Protection Instruction. Most of the documents involve the protection of the consumers' rights. Law of Special Commercial Transactions is one of the basic laws on Japanese consumers' protection, which mainly applies to mail-order service. The law demands that suppliers who offer goods or services by mail-order should mark in detail the contents of specifications and services in the mail-order catalogues. In violation of this Law, suppliers will be punished with criminal law. Korea announces Basic Law of Electronic Commerce to availably standardize EC. In addition, Law of Consumer Protection in EC is made to protect consumers' rights.The Virtualization, technicalization and computerization of the Internet put consumers at a serious disadvantage in the environment of network trading. Compared with international organizations and developed countries, the research work on the protection of consumers' rights started rather late in China. What's more, relevant laws have been established recently. China should improve the relevant laws in EC in order to prohibit dishonest, misleading and unfair activities effectively, to build consumers' confidence in EC dealing and to balance the business relationships between the providers and consumers. By learning from EC legislation abroad, especially the legislation experience about protecting consumers' rights, and integrating them with the actual conditions of our country, I conclude that we may draw useful lessons on basic value judgments from Law of the People's Republic of China on the Protection of Consumers' Rights and Interests to meet the demands of the development of EC. According to the features of B to C or C to C, we may revise and improve Law of the People's Republic of China on the Protection of Consumers' Rights and Interests and relevant laws by integrating them with the present conditions of the protection of consumers' rights of our country. And we should improve present protection system, for example, we should improve and extend consumers' rights in the area of EC, improve providers' obligation and service providers' obligation of online trading platform, establish and perfect legal system on Internet Ad and market access system and certification system, further standardize self-discipline activities, and improve the remedy means of consumers' rights.