Legal Research Of Online Cross-Border Shopping

With the continuous development of economic globalization and the Internet,our life has become more and more dependent on electronic commerce; e-commerce has already integrated into our daily life. Online cross-border shopping as a part of electronic commerce also has a rapid development. Due to its convenience, high efficiency and rich value-added services characteristics, the online cross-border shopping has been favored by more and more consumers. Our country has conducted multi trying to regulate this emerging e-commerce model, has taken many measures, but analyzing the current legislative status, there does not exist a complete legal system to regulate it, only with reference to the relevant laws and regulations to e-commerce and online shopping problems. Although online cross-border shopping has the general characteristics of E-commerce and network shopping, it also has its own particularity, so exploring the relevant legal issues of online cross-border shopping, to establish a relatively perfect laws and regulations to regulate is of great significance.This paper consists of five parts.The first part of this article mainly analyzes the legal nature of online cross-border shopping, through studying three parties and two different leagal relations involved. Online cross-border shopping generally involves three parties, namely, the actual seller, consumers and the consignment purchaser, two legal relations, namely, civil relation between the seller and the consignment purchaser and the that between the consignment purchaser and the consumer.The second part of the article is a study on the legal relationship of the online cross-border purchasing contract, this article makes such analysis mainly from the establishment, validity and performance of the contract repectively.The third part of the article mainly discusses the legal risks of oversea online cross-border shopping, which are mainly credit risk and the rights and interests protection related risks of consumers.The fourth part of the article mainly study the mechanisms which mainly depends on negotiation and litigation repectively to solve the online cross-border shopping disputes; negotiation is the most universe dispute-solving mechanism while, the litigation relys on the power of nation when every other possible ways are exhuasted.The last part of the article mainly analyzes the current situations of supervision of oversea on-line shopping conductd by Customs Department regulators and non-customs regulators, and makes suggestions to perferceting the supervison.