A Study On Protection Of The Rights And Interests Of Consumers In The Process Of Online Shopping

Internet, as an indispensable part of our daily life, plays an increasingly important role in the fast-changing society. According to the statistics published by the Chinese Internet Information Center, the population of Chinese netizen exceeds that of American in 2008 for the first time and ranks the top in the world. With the prosperity of internet commerce, numerous network platforms for online shopping have emerged. Due to the absence of rules and regulations, however, consumers'rights on the internet cannot be properly protected. Therefore the discussion on the protection of consumers'rights,which stands out as an extremely urgent problem in the internet commerce,is vital to our research.Besides the introduction and conclusion,this thesis consists of three parts.The first part aims to clarify consumers of internet commerce and their rights. On the basis of the characteristics of internet commerce, juristical analysis is made to decide the connotation and denotation of consumers for online shopping and all the rights they should enjoy.This part,while affirming rights published in the Law on the Protection of Consumers'Rights and Interests,priority is mainly put on some specific rights for the internet consumersThe second part associates a real case of Fangnaier with the infringement upon consumers'rights and its reasons.Firstly,the case of Fangnaier,a typical and heatedly discussed tort case on internet commerce,is introduced.According to the facts when infringements happen before,during and after trade , analysis of worsening problems like false advertising,misuse of standard term,difficulties on the censorship of operator's identity and Internet fraud is coverd.Furthermore,the underlying reasons are also included.The third part attempts to probe a creative system for the protection of internet consumers'rights .After research on the case of Fangnaier and judicial suggestion given by the court to Taobao.com,by learning experience of regulations for online shopping both at home and abroad,an innovative legal mechanism for the protection of internet consumers'rights is explored. The innovation will incorporate, the alternative dispute resolution mechanism, online consumers return system,censorship and information disclosure provided by administrative power and network transaction platform and strict credit and elimination system, into legal framework.