Research Of Legislative Protection For The Network Consumers' Rights And Interests In E-Commerce

With the continuous development of economic level and improvement of living standards, the e-commerce is chosen by more and more consumers due to its characteristics of being free of space-time limitation, comprehensive commodity exhibition, open evaluation and quick and affordable trade. Since 2000, China's e-commerce, especially the C2C mode has made a great progress, occupied higher position in people living, and drawn experts and government's attention. However, with vigorous development of e-commerce market scale, increasing of number of members, consumers faced kinds of torts due to objective factors of existing legal loopholes and subjective factors of operators, and rights of consumers can not be protected effectively. How to protect the rights and interests of consumers is huge challenge for the healthy development of electronic commerce in China. This paper analyzes characteristics of consumers' rights and interests protection under the e-commerce environment based on theoretical analysis. Find out problems of relevant provisions in China by combining the provisions of foreign advanced legal system and comparing with current law in China, and provide specific measures for improvement of consumer rights legal protection in China under e-commerce environment so as to promote China's e-commerce legislation and the development of e-commerce. This text includes four parts.The first part discusses characteristics of consumers' rights and interest protection under the e-commerce environment, mainly summarizes three points which are that the network business platform is responsible for protecting consumer's rights and interests, consumer's rights and interests are enlarged and the problem of right protection by traditional relief way, and provides foundation for the following analysis.The second part introduces American mode, Japan mode and EU mode, summarizes characteristics and advantages of the three modes, and lists the most associated provisions of protection of consumers' rights and interests in e-commerce. Then summarizes common characteristics of the three modes which are to strengthen protection, to emphasize legal coordination and to respect party autonomy, and get a conclusion of the development of the legal system in China.The third part of the text provides research on the current situation of the protection of consumers' rights and interest under the e-commerce environment in China. This part introduces consumption process of e-commerce, analyzes the potential risks, lists solutions in the current law, and finds out the problem existing in protection of consumers' rights and interest which is objective factor of violation of consumers' rights and interest. In addition, this paper also analyzes subjective factors for right violation with cost benefit analysis by comparison of operator's illegal cost, operation cost and the income.After the above analysis, this paper provides legislative measures which should be taken for solving the current problem, such as expanding of consumer rights scope, strict liability for trading platform; and provides specific provisions for protecting effective operation of the concrete system, such as building a online dispute resolution mechanism, establishing small consumption disputes court and the arbitration system, and adjusting the existing consumer protection organization. In the end, this paper summarizes above analysis, and provides comprehensive summarization on how to establish consumer protection system under the e-commerce environment of Chinese characteristics so as to contribute to the legal protection of consumer's rights and interests under the e-commerce environment in China.