Online Shopping In The Application Of The "consumer Rights And Interests Protects A Law"

Along with the development of information technology, e-commerce, in particular, theconsumption patterns of online shopping has been unprecedentedly developed. After theemergence of this new type of shopping, the corresponding problems have been emerged,specifically expressed in the disputes on the online shopping recent years. In the process ofapplication of the law in certain judicial process, it’s a problem that there’s neitherstandards for substantive issues nor rules for procedural issues. This article considers theprocess of the application of Consumer Protection Act as a process of abstracting of theconcepts of online shopping, consumers and operators. It’s also a process that breaks“consumer relations” down into basic elements and strips it from relations of a commoncontract. In this study, by analyzing corresponding theories, a transaction will be dividedinto four aspects: subject elements, object elements, subjective elements, and behaviorelements. From each aspect, this study will make the analysis respectively suitable forconditions of online shopping. This study attempts to reinterpret "consumer relations"under the premise of online shopping from a perspective of substantive elements. Thisstudy also attempts to provide a general method to identify a consumer relationship fromothers in the judicial activities. After the analysis of these substantive issues, starting fromthe problems of these issues, the corresponding idea of procedural norms will be presentedfor the reference of judicial practice.