Protection Of Consumer Rights And Interests Under The B2C, C2C E-commerce Mode

E‐commerce is developing rapidly as a mode of commodity exchange, it has permeated every aspect of our daily life. B2C and C2C e‐commerce are the most basic two kinds of patterns. Same with the traditional trading patterns, consumer rights protection in the B2C, C2C e‐commerce environment also become an important problem to be solved. Because consumers’ declaration of will, the common means of payment and goods delivery way in B2C e‐commerce are analogous to C2C e‐commerce’s, so the individual consumer rights and interests should be protected by the same or similar legal norms. B2C and C2C e‐commerce transactions which based on the essence of operation mode is formed between the trading participants’ agreement. Different stages of transactions involving different transaction participants and the related transaction contracts, and it’s an important standard to divide responsibility when the dispute occurs.In the existing legal norms for consumers’ rights and interests protection in B2C, C2C e‐commerce mainly embodied in the legislative protection, law enforcement protection, and judicial protection. Legislative protection mainly include the "Law on protection of consumer rights and interests ","Contract Law","Product Quality Law" and "Tort Law". This four legal norms protect consumers’ rights and interest inB2C, C2C e‐commerce mode, but there is no a special legislation for this field. Law enforcement protection mainly apply on the administration of Industry and Commerce, tax bureau and the public security bureau. Judicial protection mainly include the court and arbitration protection. Many problems existed in the current legal protection, including: many problems are not ruled by the current law regulation; the rules from Third party trading platform or payment platform which is beneficial to the protection of the rights and interests of consumers shall be absorbed into the legal framework; The regulators are too much to divide the responsibility; The lawsuit is inconvenient to the online shopping consumers; and the lack of unified legislation.The reasons of these problems mainly include: the relevant legal system hasn’t caught up with the development of e‐commerce; the third party e‐commerce transaction platform and payment platform made inequality clause; goods cannot be seen directly In e‐commerce trade; trading commodities are lack of supervision mechanism; many administrations supervise the e‐commerce due to its particularity on the origin of its development; and the lack of simple insurance for goods provided by electric business platform. By reference to the foreign legal system in the field of e‐commerce consumer rights and interests protection rules, the author thinks that our legislators can promulgate the rules on release of goods, rescission right of consumers, and the invalidity of escape clause, strengthening the protection of government intervention and unified the protection methods to improve our law system.The solution of Consummates consumers’ rights and interests protection under B2C, C2C e‐commerce mode include: building perfect legal system; strengthen law enforcement and establish civil third‐party supervision agency; and improve rights protection ability of the online shopping consumers. It is important to serve and benefit the consumers well as they are the core of e‐commerce, because their will could decide the direction of e‐commerce’s development.