Research Consumer Protection Problems In Internet Shopping Services

With the general improvements of network technologies and the global economic integration, networks act as purchasing agencies and other emerging consumptions. People are gradually chasing after networks not only because of their convenient and effective uses of resources and product variety traits but also for the advantages that consumers can buy goods both at home and abroad. For this reason, networks occupy quite a number of market shares, and at the same time they will replace the traditional retail as the trend of development. However by the limitations of related policies, legal environment, the network environment, market environment and cognitive of consumers, people’s various rights and interests relate to purchasing agencies meet new problems. Although the protections of consumers’ rights and interests have been strengthened by the new laws of consumptions in the year 2014,(for example, rules for consumers about online shopping goods can be returned within seven days without any reason, etc.) those protective rules are haven’t been well formed into systems, or with strong ductility yet. They are only scattered under the regulations, such us "consumer rights and interests protection law of the People’s Republic of China"(hereinafter referred to as "the consumer rights and interests protection act"), "the contract law of the People’s Republic of China(hereinafter referred to as" the contract law "), the law of the People’s Republic of China on the network transaction management method "(hereinafter referred to as " network transaction management method ") and other laws. How to choose when consumers face a variety of network purchasing agents, goods, services or advertisements? What is the legal status between sellers and buyers in the purchasing agencies? What kind of legal status is of the shopping platform in the network agencies? Network purchasing agency businesses are mostly in individual sellers’ procurement operations, thus there are a lot of breaches of contracts, frauds, credit hypes, infringement disputes, and so how should the consumers pursue their rights right now? This paper stands in the angle of protection of consumers’ rights and interests in networks which act as purchasing agencies. And it is on the basis of personal non spot purchasing in network agencies analyzing the related legal problems and existing legal systems. This paper will study those questions above according to the network shopping consumers’ rights protection situation abroad. The full text will be divided into four departments aimed at observing and studying the ways to protect consumers’ league rights and interests in the network acting as purchasing agencies.In the first part, the paper summarizes the concept and characteristics of network purchasing, and determines the object of study that is the act of personal non spot purchasing in network agencies(hereinafter referred to as "network act as purchasing agency"). Emphatically it expounds whether or not the identities of the buyers in the networks acting as purchasing agencies are coherent with consumers’. And also it describes their legal relationships within the purchasing agents, the actual sellers, the network platform and the platform providers. Furthermore, this part introduces the general process of network purchasing and carries a foreshadowing of what is to follow later on in the paper.In the second part, according to the process of network purchasing it analysis the main problems appearing when consumers pursue their league rights and interests in the networks acting as purchasing agencies in different periods, such as the period of identity authentication phase before buying, contracts concluded with the performance of the stage, acts of purchasing agency consumption dispute resolution and the period of the main problems appear of relief phase. Information of a large number of purchasing agents of personal identity is still not true, under the guise of acts as purchasing agencies such as the behavior of the reality of the act as purchasing agency. This part also analyzes the causes of these problems, respectively, from the network to the particularity of purchasing behavior and other factors.In the third part, the United Nations commission on international trade law, the organization for economic cooperation and development and the international organizations such as the European Union and the United States about network consumers’ rights and interest protection legislation are perfect. This part mainly analyzes the legislation, combined with our country and the actual situation of the network’s behalf the protection of consumer rights and interests, and thus necessary to draw lessons from.In the fourth part, after network purchasing agencies in China starting out, because of the low level of development and the protection of consumer rights, and the light consciousness of consumer, the protection of consumer rights and interests in network acting as purchasing agency tasks are more difficult. This part is mainly based on the network purchasing process stage, aiming at the existing problem of each stage put forward the corresponding solution or protective mechanisms: firstly the networks acting as purchasing agencies before stage need to act as purchasing agency from the network market admittance mechanism, the social credit system, the industry self-discipline rules, information disclosure, and auditing system, no reason to return during the several aspects such as perfecting; Second is in contract conclusion and performance stage, from the standard terms(contract), the use of strict supervision of purchasing agent released purchasing advertising, network platform providers to guarantee the security of transactions and other aspects are discussed in this paper; Three is main punitive damages system, evidence system, is under the jurisdiction of the court system, and so on three aspects elaborated how to perfect the judicial relief system, from establishing the online consumer complaints handling mechanism, online settlement and mediation mechanism and online consumer arbitration mechanism to establish efficient is discussed, and the non-litigation dispute resolution mechanism; And to put forward to improve, with interoperability between different departments and establish network purchasing agent exit mechanism.