On Perfection Of The Consumer Rights Protection System In The Network Group

Inspired by the U.S. Groupon, some network businesses of China have been making good use of“Group Purchase through Internet”, with its rapid development in these3years. Consumers of this categorycan get higher shopping discounts when purchasing through internet, and therefore, they hold a positiveattitude towards this shopping mode. The operators and suppliers of “Group Purchase through Internet” canharvest great benefits from the newly-born sales mode and push for it in a favorable way. The mode“Group Purchase through Internet” requires combining “Internet” with “Group Purchase”, which not onlybrings the supplier considerable guest flow, expands its market influence and increases profit, but alsorealizes the purpose of brand promotion, new product introduction and goods clearance and so on.Consumers can get higher shopping discounts when purchasing through internet, and operators of grouppurchase websites can get middleman’s fee from group purchase.However, when shopping through group purchase websites, consumer rights are sometimes hurt,making inroads on the right to safety, right to know, right of claim, right to be respected, fair trading rightand so forth. When compared with website operators, consumers are in a weak position. Disengagedconsumers, taking on the risks of economy and existence, are unequal to compactly arranged and closelyorganized website operators who only assume business risk. During group purchase through internet,consumers often get available information on goods and service mainly from group purchase websites,which enlarges the information inequality. It is urgent to take more measures to protect this vulnerablegroup of consumers, especially considering that there are still no efficient laws on group purchase throughinternet.Although China has issued the consumer protection law in1993,"product quality standard" in2000,"consumer behavior fraud punishment method " in1996, the consumer rights infringement on the handlingof the behavior of some provisions in2004, laws and regulations of this category aim to protect the rightsand interests of consumers,. Until March12,2012China State Administration for Industry and Commerceissued a "on strengthening the business activities of the management team network Suggestions", andthereby regulates the bulk market. But the protection of consumer rights and interest in Chinese group network is not enough.In the world, some developed countries are advanced in e-commerce legislation, for example, theprotection of citizens’ privacy and credit rating system in United States, detailed regulations of theinformation disclosure of operators in Japan,"calm period" regulation and the endowment of consumers’revocation in the European Union and so on. Although different countries have not yet made laws directlytowards group purchase through internet, some related regulations of developed countries in commone-commerce are of great significance to China.Based on the traits and nature of group purchase through internet, this thesis analyzes different kindsof the violation of consumer rights and interests and, through borrowing experience in protecting consumerrights and interests in foreign countries, regions and organizations and taking the traits of group purchasethrough internet into account, apply consumer protection system in common e-commerce in group purchasethrough internet and furthermore puts forward a set of consumer protection systems tailored to China.This text is divided into four parts:Part1: overview. It is mainly about the definition of group purchase through internet, its forms andtraits, its legal nature, its running mode, its network shopping mode.Part2: A variety of consumer rights and interests violation forms during group purchase throughinternet is listed. In china, Consumer Protection Act endows consumers with9rights, but there are someencroachments on consumer the right to safety, right of claim, right to be respected, fair trading right. Part2discusses a list of phenomena that consumers are not fully protected from these encroachment of thiscategory.Part3: The way how to protect consumer rights and interests during group purchase through internetin foreign countries and its enlightenment back in China. This part mainly introduces e-commerce relatedregulations on how to safeguard consumer rights and interests enacted in America, Japan, EU and othernations and regions and their significance to current legislation back in China.Part4: Further suggestions are put forward with regards to how to protect consumer rights andinterests during group purchase through internet. In points out that our current system`s drowbacks, putforword the follow suggestions: rigid market admittance standards should be raised; earnest money systemand compensation in advance system should be established; burden of proof inversion and plaintiff’s domicile of jurisdiction should be enacted; OADR (online alternative dispute resolution mechanism)system should be established; government regulation and consumer evaluation system should be set up;class action and punitive compensation system should be established, with aim to standardizing grouppurchase through website and safeguarding consumer rights and interests.