Consumer Protection In E-commerce Contract. Research

With the popularization of computer and the development of Internet technology, Electronic Commerce has been generally regarded as one of the biggest points of 21st century global economic growth .And the increasing development of Electronic Commerce must bring huge influences on our daily life, especially in the legal aspects. Electronic Commerce has brought huge impacts to traditional legal system, the old laws can't follow the steps of Electronic Commerce's development, the protection of consumers' legal rights in electronic contract is one of the most difficult. In the Electronic Commerce environment, consumer's legal rights has been challenged, and making the consumers in a more disadvantageous status. The law protection in respect of consumers' rights and interests in our country is too simple in content, so rules and regulations made by china are in great need to protect more efficiently legal right of consumer. This article takes the problems of the protection of consumers' rights as research's object, discusses on how to definite and protect consumers' right. The article consists of 3 parts.Part one, introduced the conception, mode, features and development situation of electronic commerce and electronic contract. It focuses in expatiating the electronic contract features and the challenges on traditional contract law, influence on consumers and the challenges on consumers' right protection is one of the most important.Part two, discussed the concrete problems existed in the consumers' rights protection in the electronic commerce .the author defines the scope of the consumer in electronic commerce, laying the foundation for the following research. As there is a dispute about whether the buyer in the C to C pattern electronic commerce belongs to the scope of consumer, the author clearly defines the scope of consumer in electronic commerce. In the author's opinion, both the buyer in the C to C pattern electronic commerce and the buyer in the B to C pattern electronic commerce are consumers. In addition, the author attempts to analyze the protection of the consumers' rights in all stages of electronic contract, put forward the typical problems in consumers' right protection in internet, such as right of knowing, fair trade right, safety right and free choosing right and so on. This part studies all of these problems.Part three, analyses the international organizations and other countries consumers' rights protection situation in internet. Introduces the legislation situation of China, analyzes the problems of consumers' rights protection in internet and tries to find the solutions for it. Currently, many countries and organizations issue lots of regulations and rules to protect the consumers' rights in internet, and have got good effect. Comparing to that, the protection in China is very late. Since electronic commerce starts very late, China is lack of legislation. Therefore, we must learn from other countries. This part chooses Economy Cooperation and Development Organization, European Union and American as the typical model, studies and analyses their rules and regulations on consumers' right protection. These countries and organizations give China lots of good references. The internet business is under-developed in China, the sense of right protection is very weak, and therefore China has more difficulties. We should work from some sides: Perfects the legal rules in consumer right protection, strengths government supervision and law execution, regulates the participate bodies in the market, aggravates the duties of internet operators. And we should also bring industrial self-control and consumer self-control into function, improve the consumers' self-protecting abilities, reduce the possibilities of consumers' right damages; Try to find convenient and effective solutions, set up on-line dispute settlement method besides the traditional lawsuit or arbitration.