A Research On The Law Of Consumer Benefits Protection In The Model Of B2C Electronic Commerce

The rapidly development of electronic commerce provides us a brand new transaction business model which breaks the limitation of time and space. Besides recently Economics and Marketing situation, the model creates a unique invisible market. As a result, the connections between consumers, companies and government are getting more immediate and convenient. With the appearance of the electronic commerce, more companies are benefit from this method. Moreover, it is a very convenient way to all the consumers. However, the traditional business model is undergoing a formidable impact in terms of trade rules as well as rules and regulations. Especially in the transaction environment of the B2C electronic commerce, the consumers are in a disadvantage and vulnerable position of the trade due to the feature of B2C containing virtualness, fluidness, technicality, non-limitation and stealthiness. The high-tech development doesn't vest in the disappearance of disputes and risk producing in traditional business model. However, the B2C transaction model puts forward a greater challenge on consumer protection.Globally, the international community has a savvy understanding on the critical role which protecting consumer plays on the way of electronic commerce blossom. The global society has realized it is extremely crucial for maintaining the consumers'confidence towards online trading in the surge of electronic commerce. Consumer protection and transaction equality have captured the interest of the public, political leaders and attentive media as never before. The Chinese laws, in retrospection, the contents are too simple, scattered, unpractical and dogmatic to protect the B2C customs'rights, which lefts far behind the consumer's demands. Comparing with developed countries, the investigation and research are incapable to keep policy makers abreast to the legislation development. Therefore, the Chinese consumers are in urgent need of being supported by our further legislation as well as legal aid.This thesis's topic is'A Research on the law of Consumer benefits protection in the model of B2C electronic commerce', started from the main consumers of commercial laws, discussing B2C electronic commerce pattern by using case analysis and logical argumentation. Depending on the recently development of electronic commerce, this thesis is trying to create a law system of a integrated B2C electronic commerce pattern by analysis the B2C law issue on consumer protection.Except the abstract and conclusion,3chapters including,First chapter is the oncology review of consumer rights protection under the electronic commerce B2C model. This chapter begins with the definition of the basic conception of the issue discussed, and then in-depth analyzes the legal connotation as well as both objects and subjects of B2C transaction classification to illustrate the detailed characteristics of B2C electronic commerce as well as the legal issues in the realm of consumer protection. And then establishes two principles of B2C consumer protection law:(1) giving consideration to both equality and justice (2) parallel on both autonomy and heteronomy on the basis of careful consideration on lawmaking thinking and value orientation as well as the parity value. It provides a clearly direction to design the electronic commerce B2C pattern for our country.Chapter2is the demonstration of the necessity of consumer rights protection law under the electronic commerce B2C pattern. This chapter makes a comprehensive analysis on the difficulty of the B2C consumer rights protection from three parts, which is the feature of B2C electronic commerce, the backward of the traditional lawsuit pattern and the imperfect transaction environment, and explains the reasons in depth. As a result, it proves the necessity of consumer rights protection law under the electronic commerce B2C pattern. It makes a prerequisite to solve the legal issues brings about by B2C and to structure the sophisticated B2C consumer protection law.Chapter3. This paragraph is talking about the consideration and suggestion of creating our nation's consumer rights protection system under electronic commerce B2C. The aim of this chapter is to create a reasonable and integrity consumer rights protection system under electronic commerce B2C, in order to protect the development of B2C electronic commerce and realize the intention of our laws'serve for the society and economy. Facing the three issues discussed in the second chapter, the author recommends that the problems should be settled from clarify the consumers'rights as well as the operators'obligation; providing the convenient dispute resolution mechanism and creating a favorable trading atmosphere which provides a stronger umbrella against the consumer right infringing. There is no doubt that it is a systematic engineering rather than being solved by one or two legislation. This system is calling not only hybrid arranging effective regulation but also adopting effective measures which are promising solutions on improving the legal environment of electronic commerce thoroughly.