On The Consumer’s Right To Know During Online Shopping

With the further development of market economy and acceleration of the popularizationof the Internet, network transactions have become the important way to goods and servicestrade in China. For its convenience, quickness, low cost, no time and geographical constraintsand other characteristics, online shopping attract a large number of consumers, whichstimulate consumption to promote economic development and fully meet the needs ofconsumers. However network transactions also have the defects of concealment, fluidity andchangeability, which increases the barrier of protection of consumers’ rights especially theright to know. Moreover the theory and practice of network transactions in China are justgetting started, many aspects are not perfect. For example we have not enough reserves intheory and been short of effective restriction and supervision in practice which enables thosedisadvantaged consumers in network transactions into a more unfavorable situation. So theright to know is very difficult to exercise, even has been often violated in practice. Therefore,the network consumers’ right to know is still a valuable research topic.This paper adopts normative analysis, empirical analysis, comparative analysis and othermethods, based on current domestic reality, analyzes the situation and reason of damage ofnetwork consumers’ right to know, takes example by advanced legislation experience of othercountry, and explores how to further improve network consumers’ right protection system inour country, in order to provide correct guidance and fully safeguard consumers’ legalrights.This paper is divided into four parts, except for the introduction and conclusion.The first part put forward the basic theoretical issues of network consumers’ right toknow. Firstly, it respectively discusses the problems of the main body qualificationcognizance of the consumer under the background of the traditional and network consumption.Secondly, this paper discusses the specific connotation of consumers’ right to know and thecharacteristics and meaning of network consumers’ right to know.The second part analyzes the reality performance of the damage of network consumers’right to know, and reveals the main reason. Firstly, this part discusses the manifestation of thedamage of network consumers’ right in China from four aspects including false advertising,getting false credit rating, intentionally circumventing the inform obligation and not actively performing after-sales service. In turn, this part analyzes the cause of the damage of networkconsumers’ right to know from the aspects of legislation, law enforcement, administration ofjustice and consumer.The third part discusses the foreign protection measures about network consumers’ rightto know and the enlightenment to our country. Firstly, this part respectively introduces therelevant legislation to protect network consumers’ right to know of the mainland legal systemcountry, the Anglo-American law system countries and some international organizations.Secondly, on the basis of the above this part analyzes the experience and deficiency of foreignprotection and the reference for our country.The fourth part is the core of this article. Based on the foregoing, this part mainlydiscusses how to improve the protection system of network consumers’ right to know in China.Firstly, in the aspect of legislation this part describes how to improve information to informlegislation, Internet advertising legislation, establish the system of consumers go back right.Secondly, in the aspect of law enforcement this part puts forward how to strengthen thesupervision of government functional departments and the social supervision by establishingthe neutral third party credit rating evaluation mechanism. Thirdly, in the aspect ofadministration of justice this part sums up how to improve the systems of the burden of proofallocation, proof cognizance and preservation, the systems of small litigation and publicwelfare lawsuit and adopt the jurisdiction rules applicable to consumer. Finally, this partdiscusses how to improve the consumer awareness to defend and maintain the rights.