Online Trading Mode The Issue Of Protection Of Consumer Rights And Legal Measures

Network transactions appear to change the traditional transaction model, network transactions with a transaction of the main complex, electronic trading, trading the contract format, network transactions globalization features. Network trading model, consumers buy goods through the Internet and receive services to consumers, including business other than the purchase of goods and people receiving services. The value of network transactions required within the Health Equity and efficiency of the organic unity of both security and development, network transactions between the principal balance of interests, these principles are also online trading environment, an important basis for the protection of consumers, specifically, network transactions Under the requirements of consumer protection rights, including their symmetric information, the network transaction security rights, property rights, personal rights and interests protected.At present, China is facing consumer protection online trading giant’s big difficulties and new challenges. Information asymmetry on the right caused damage to the interests of consumers, consumer privacy is threatened when shopping online, electronic contract format, the fair trade provisions of the right to harm consumers, lack of security for online transactions, the right to damage the safety of consumers, network against the interests of consumers buy more. Finally, consumers suffer after the channel of complaint, the right to relief has become a major issue. Transactions on the network is more consumer protection legislation is lagging behind the economic development of online transactions."Consumer Protection Law" has the right to limit the type and scope,"Product Quality Law" and "Anti-Unfair Competition Law" was only to protect consumers from a certain point of interest, not specifically for the rights of consumers to the network protection. The "Contract Law" only from the provisions of the standard terms of the general interests of consumers have some relevance. Where the terms are varied, and the scope and areas have limited, and regional free trade incompatible networks,"Electronic Signature Law" in a sense is the conclusion of electronic contracts in order to protect the security, not to mention and consumer rights. Therefore, our network of consumer protection legislation is serious lag. Currently the network of industry and commerce administrative system there is a big deal are still regulatory loopholes in the absence of government regulation, for the further development and expansion of network transactions and the disadvantaged. Development of online trading online trading Consumer Protection of the legislation put forward new challenges and needs. Requirements of the law continue to improve, eager to extend the scope of traditional rights, the emergence of new rights, eager to remedy the convenience of efficient dispute resolution mechanism.To solve the protection of consumer rights online transactions, we must continue to learn from advanced international experience and practice, the United States and the EU are the two representatives of the advanced, symmetrical interest in the information, privacy protection, network of false advertising, the regulation of standard form contract and return aspects of the legislation can be a great inspiration to our country. International consumer protection for online transactions has its own characteristics. Construction of the network trading system should adhere to adhere to the promotion of principles, safety principles and the principles of consumer protection. Specifically, consumers should establish a sound network of right to information, right to security of online trading, online trading fair trade consumer protection of the right, the right of free choice of the consumer protection, consumer protection claim damages. The Government should also strengthen the regulatory role in the network transactions, and effectively implement the consumer protection into practice. In addition, consumers and operators in the dispute settlement should also be bold and innovative, integrated use of various means, should actively explore the network and network Arbitration Court of the model to conform to the current development of online transactions.