| The online shopping is one type of the E-Commerce, and there still are many disputes among it, we may still see many problems in which may affect the customers’rights when they purchase something through the internet. With the growth of the online shopping, the lack of the protection for customer rights has also exposed, these could be realized through the increased customer complains for the online seller, especially with the part of the right of fair trade for customers.’The right of fair trade for customer’means when customers purchase and use a product from the internet or when customers receive the service online, they should have the right of fair trade conditions. Other than the same value of quantities and qualities, the fair trade should focus on customers:during the trade, does customer satisfy with the product without any mandatory transaction or discriminatory trade. Although the right of fair trade in the online trade are different with the face to face trade, however, due to some reasons such as:the virtuality of the internet; the complex of the consumption information; and the unbalance of the customers’ information and sellers’information; the right of trade in online shopping need to be monitored at most time.The study of the protection for consumers with the background of internet shopping is a hot topic in the customer rights protection field. With the application of the new customer law and the internet trade management solutions, the protection of customers’ rights have been improved when customers shopping online, however, there are still some space for improvement in the future. Due to the academic world only studied the right of customer fair internet trade based on the frame of right protection, and the academic world did not research that topic individually, also, the research of that topic are restricted to the’contract format’, refund or exchange of goods and a few problems. Therefore, by comparing relevant laws (about customers’ right and protection of fair internet trade) in China and other countries, this article will refer to the different parts of the right of fair internet trade in China, also, this article will give suggestions to improve relevant Chinese laws with explanations in order to improve the right and protection of customers’ fair trade online, and therefore to reduce the torts which may affect customers’ purchase confidence, and also the torts may become the barriers of E-Commerce.Specifically, in order to let the readers have a preliminary focus on the topic, this article would draw out the problems in the rights protections of customer fair internet trade through two case analyses. Then, this article will list relevant statistical data in the field and list relevant problems of rights protections of fair internet trade in order to emphasize the value and importance of this topic, and will give the directions for the rest part of this article. On the other hand, this article would based on the relevant problems of the right of fair customer online trading (for example, the problem of right of rescission, the definition of fraudulent descriptions made by operator during the online trading, the problem of format and terms, the sellers’ duties on those uncertain online tradings), then, this article will compare and analyze Chinese relevant laws and foreign countries’ relevant laws in order to state the shortage of Chinese relevant laws. At the end of this article, this article would conclude the above problems and topics, then, this article will give recommendations for Chinese relevant laws about the protection of right of fair customer online trading according to the advantages of those foreign countries’ relevant laws. |
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