The Study On Issues Of Online Shopping Consumer Rights And Interests Protected By The Law

With the development of information industry, and gradually mature network technology, the consumption model of online shopping is attracting more and more consumers with its unique charm. People could easily scan the Internet which saves time and effort, shop around and pick up the commodities from all over the world. Online shopping has been given a meaning of group identity, through which people find themselves young, adventurous, and bold in trying new way of life. Thus, they have been indulged in this pleasure of online shopping day and night.Nevertheless, the author also noticed that online transactions are risk-taking despite their convenience due to the features and special way of trade of online shopping. The virtuality of online shopping leads to asymmetry information between sellers and buyers, limititing consumers’rights to know.Their rights of privacy would be in danger while surfing the internet for they may be running the risk of personal information leakage and bank password lost.Their rights of fair trade is blocked in that rampant format contracts restrain careless consumers with printed provision. Consumers’supervision rights are threatened by Internet ScamBusters ensnaring consumers, as well as "poor good&service professionals" harassing the sellers. Besides, consumers find it hard to ask for online shopping invoice, which shows their weakness in safeguarding rights. Defective goods are mostly found during online shopping and the periods of service on3-guarantees are usually vague. Sometimes, operators of internet store, network transaction platform and the express service stick to their own arguments and pass the buck to one another. However, if consumers resort to legal action, they also face the difficulty in collecting evidence and confirming jurisdiction of courts.Therefore, the author tried to review the advantages and disadvantages of online shopping and study on the legislation for protecting the rights of online shopping consumers. Based on the fundamental theory, the author introduced and absorbed useful foreign experience related to legislation and practice. Besides, the author proposed the corresponding countermeasure and the suggestions concerning current situation and problems of protecting the rights of online shopping consumers. Finally we come to this conclusion:it needs legislation, execution, judicature and the society to protect online consumers’rights, which cannot be separated from a complete legal system, a high-efficient and standardized operation as well as a deeply positive social atmosphere. In terms of legislation protection, we should make a detailed analysis and embark on improving consumers’rights, specifying store operators’obligations and stressing the duty of the operators of network transaction platform and the express service. Rights of rescission may be introduced, and I propose the issue of its localization (as my humble opinion). In regard to protection of law enforcement, we mainly assume to establish online governmental supervision system, build national unified online complaints center, launch economic account database links to national network and online notary system, and set up systems that could strengthen external forces. With respect to judicial protection, we put forward inversion for burden of proof and exclusive jurisdiction of the court of consumers’domicile. As for social protection, we shall establish social credit system, seek help from the supervision power of pulic media, meanwhile, appeal consumers to develop a good online shopping habbit, and avoid impulse buys.The legal position of network operators, in my humble opinion, is similar to the leasing relationship of shops, allowing lessee to conduct business operations via such particular asset platform as electrical network of the lessor. Therefore, it bears unshirkable responsibility for transaction safety protection, and should bear joint and several liability together with the sellers for its violations to the rights and interests of consumers on the network platform.Due to the author’s limited ability, flaws in this paper are inevitable, especially for some innovative ideas which may not be thoroughly demonstrated. Hence, it also needs to be perfected, and any criticism and suggestions for this paper will be welcomed.