Research On The Legal Problems Of Consumers Right Protection In Network Transaction

With the development of electronic information technology, information transfer broke through time and geographical limitations. Using a computer and Internet technology to achieve business activities of internationalization, informatization and paperless, has become a trend in the development of global business. Since 1990s, e-commerce worldwide in the rise and rapid development, rapidly changing the original economic pattern and the traditional economy operation mode. Electronic commerce network trade as the main form of traditional trading model has the incomparable enormous advantage, it not only significantly reduced the transaction cost, improve the transaction efficiency, make consumers enjoy fast, convenient and all-round service to the society, also brought huge economic interests.But, in the network transactions, because buyers and sellers asymmetric information, technology, etc, make originally severely disadvantaged consumers in more disadvantage, and constrains the network trade healthy development of bottleneck. But with the network trade exists some problems, the legal lag, China did not specifically targeted network transactions in the consumer protection laws and regulations, our country's existing laws pairs under the network environment, the protection of consumers'rights and academically, the Civil law, Contract law, Consumer protection law and other laws and regulations, however, because the network trade methods and means and the traditional way to trade has the essential distinction, apply traditional legal obviously difficult to guarantee the network trade in the legal rights and interests of consumers demand. Therefore, establishing network trade environment for the consumer protection law system has important practical significance.This article aims to protect the network transactions in the legitimate rights and interests of consumers, promote the network economy positive development, from the Angle of legislation, first of current network transactions in the consumer the fundamental rights of the recognition and protection questioned, and then analyze the domestic existing laws and regulations, combining use for reference foreign related laws, and deep thought that foreign laws of our country legislation and legislation contents of enlightenment. Finally, according to China's network transactions in the consumer protection situation of consumers' right of privacy, fair trading right, right, according to law, security against claims for the protection of the right of every obligation and operator advances a more concrete Suggestions on legislation, considering the characteristics of the network trade, proposed for network environment of the network trade dispute resolution mechanism and constructing perfect harmony of the network transactions in the external environment of legal advice.The article consists of 4 parts: The first part, to the network trade involved in related basic concept is briefly introduced. Mainly introduces the concept and characteristic of network transactions, the network trade and electronic commerce and the relationship between the networks transactions in the consumer's main qualifications determined, lays the foundation for behind. Meanwhile emphatically expounds the particularity of the network trade consumers, namely network transactions in the difference between consumers and traditional consumers, explains the network consumers more than traditional consumer needs legal protection for.The second part, the characteristics of the network trading is caused by the operators and consumers in the imbalance between states, the network trade in consumer compared to the traditional trade in consumer is more vulnerable position, resulting in consumers' rights in the network trade by various violations. This part from the whole process of network transactions, are analyzed in the contracting process, consumer failure process and litigant process by violations or problems.The third part, review of our country's current for network consumers'rights and interests protection legislation status, introduced in electronic business affairs development of advanced international organizations, the European Union and the United States, and legislation of our country's legal condition, the author puts forward the existing problems, and according to the overseas advanced legislation that could apply to our country's legislation and legislation contents.The fourth part, for this is the key, in view of the above network transactions in the consumer protection of rights and existing problems, and advances some corresponding solutions:first established network consumer protection legislation spirit, secondly, to consumers'right of privacy, fair dealing, security right, legally misdeed the protection of the right of and operator network trade information disclosure obligation, format clauses demonstrative obligation, providing transaction security and personal information protection obligations proposed legal advice. Third, from the establishment of suitable for network environment of the network trade dispute resolution mechanism and constructing perfect harmony of the network transactions external environment puts forward legal advice.Through comparing, empirical and logic methods, such as network transactions of consumer rights protection problem is studied, in order to protect the rights of consumers as the center, introduced comprehensively summarizes the laws concerning the rights and interests of consumers defect, and how to fill, expected through to these legal issues of research, standardizes network transactions in sellers activities, ensuring the lawful rights and interests of consumers, to build up a healthy and orderly network trading environment.