Legal Issues On The Protection Of Consumers’ Rights In The Internet Trading

In recent years, Network transaction is booming in China. It brings convenient and fastlife for network consumer, and changes our trading mode from traditional transaction todigital transaction. Compared with the traditional trade, network trade is virtual. So in thisvirtual environment, many problems arise in practice, and seriously damage the legitimaterights of network consumers. What’s more, it restricts the long-term development of networktransaction. So the author starts from the reality of China’s network transactions, anddeliberates the protection of network consumers’ rights and interests in the Internet Trading.The first part expounds the great challenge of network transactions on the consumer’srights and interests. By using the method of comparative analysis, we define the concept oftrade of the network, and distinguish the electronic commerce concept which is easy toconfuse. The network transaction has the characteristics of virtual, paperless, efficiency andso on. So it is a kind of digital transaction. This new kind of transaction mode brings thepositive effects for our life. For example, the network transaction increases the choice spaceof network consumers and reduces the transaction costs. What’s more, network transactionimproves the transaction efficiency. As a result of China’s current legislation is lagging, so thedevelopment of network transaction has brought great challenges for the protection ofnetwork consumer’s rights and interests. It mainly reflected in the challenge of transactionsubject, the challenge of transaction object, the challenge of rights and obligation, thechallenge of system of administrative management, the challenge of infinite networktransaction space on legal jurisdiction, the challenge of mechanism of legal disputes.The second chapter of this paper is about some specific problems of network consumer’sprotection. For example, the right to know, right of privacy, the format of the contract, rightof return, the right of compensation. By combing the current law of our country, we try to findthe legislative defects of Internet consumers’ protection. It mainly reflected the Lag and lackof legislation, the imperfect of operator’s system of information disclosure. What’s more, thelaw system is not perfect and the judicial relief system is not perfect. The third chapter of this paper elaborates that developed countries and organizations(Such as the United States, Japan, South Africa, South Korea, the European Union) concernabout the legislation evaluation of network consumer protection. So we summarize theenlightenment of overseas legislation for our country. For example, paying attention tointerface with the international law; paying attention to the protection of network consumer’sprivacy; the legislation is provided with systematicness; the legislation is provided withoperability. So it has reference to the legislation of our country.The last chapter of this paper elaborates China’s legislation from three aspects. First, inthe legislative mode, China should implement the "two steps strategy ". That is to improve thecurrent law and statute law. The second is to perfect the basic legal principles, our future lawmust follow the principle of openness, the principle of coordination, the principle of safetyand the principle of special protection. Third is to improve on some specific legislation. Forexample, the information disclosure system of network operator; network form contract; thecommercial nature of spam; the cooling system; ODR Online Dispute Resolution Mechanism.We can improve China’s legislation to protect the rights and interests of network consumers.