Research On The System Of The Protection Of Consumers’ Rights And Interests In Network Group-purchasing

Network group-purchasing, a type of consumption patterns, since the beginning of2010to enter the Chinese market due to their low prices attracted a large number of consumers.Network group-purchasing to bring convenience to consumers at the same time, so that theirlegitimate rights and interests have been infringed on consumers’ rights protection presentsnew challenges. Consumers in the traditional mode of shopping is the vulnerable groups, areat a disadvantage in the network group, its businesses or buy asymmetry of informationbetween the Web site and its infringement of the legitimate rights and interests are notuncommon. But the view of the legal research network group-purchasing is gradually up until2012and legislation for buy small number of laws and regulations, the content on the networkis scattered, mostly sectoral regulations or local ordinances, low effect levels, fragmentationof legal norms. Although the newly-revised law on consumer protection for online shoppingincreases the consumer’s right of rescission and burden of proof provisions and other related,but strict restrictions on application of the right of rescission, coupled with the network groupis a combination of on-line payment transactions with the entity spending patterns, so that thelegitimate rights and interests of consumers without fundamental protection.Based on this, based on consumer’s rights protection network group as a starting point,starting from the General, descriptive research method more systematic and comprehensiveintroduction to the basic theory of Network group-purchasing, Set out not only in terms oftrading activity, but also from the consumers ’point of view, the perspective of the legalresearch network group and the cause of the problem, using the documentary researchmethods read and summarized from the literature, Using comparative analysis of relevantlegislation and research experiences, and get inspired, according to state concrete analysis ofconcrete problems in our country, and proposes concrete measures both inside and outside.This article is divided into four parts: first part is team-buying consumer protection inGeneral, first over view of the network group-purchasing, explains what is a networkgroup-purchasing and what is like network group-purchasing pattern, then summarycharacteristics of the network group-purchasing, introduces network group-purchasing’s uniqueness; secondly, the analysis of network group involves three parts: buy consumers,entities, businesses, professional group-buying website, no further analysis of the networkgroup-purchasing of legal relations; finally, the network group-purchasing introduced newdevelopments in consumer protection, consists of two aspects: one is a network groupcompared with online shopping the particularity of its consumers has, on the other hand isteam-buying consumer protection values.The second part is the status quo-buying consumer protection, this part is divided intotwo sections: section I overview-buying consumer protection legislation in China, from twoaspects: partly in our consumer protection law provisions regarding networkgroup-purchasing and, on the other provisions of the normative document on network group;The second section describes problems in China’s network group-purchasing consumerprotection, which is based on the development situation of network group-purchasing,analysis of the current problems, consumer protection challenges, such as team-buyingconsumer limitations on the right of personal privacy, property, consumer safety problems,hard to ensure fair trade, a claim difficult.Third part-buying consumers ’ rights and interests protection of extraterritorial law,includes two sections: first section-buying abroad survey of consumer protection legislation,mainly the United States, and Germany, and Japan, the EU, the organization for economiccooperation and development present situation; The second section is a relevant legislativeenlightenment to our country abroad, is primarily to enhance online privacy and the right toprotection against any standard contract specifications as well as the diversification ofalternative dispute resolution, and to safeguard the legitimate rights and interests ofconsumers throughout the country a great deal of inspiration.Part perfection network group-purchasing of consumer rights and interests protectionmechanism in China, mainly combined with foreign advanced experiences to our networkgroup-purchasing proposed a series of measures to improve consumer protection mechanisms.These improvement measures are divided into four sectors: access links, exchange links,supervision and judicial relief links, these four links can be divided into two parts, refers tothe network group-purchasing supervision from the industry point of view, external is from alegal angle to its access link, trade links and judicial aspects of regulation. Then for each link for detailed analysis, market access links, namely, the improvement of market accessmechanism consists of two aspects: perfecting the system of group-buying website that on theone hand, on the other hand is a group buying website perfection of the prior review systemfor businesses; deals for perfecting the mechanism of trading links, namely network consistsof three aspects: firstly, to ensure that product information clearly true, and protect consumers’rights, the second is the establishment of the third party payment platform, protect the safetyof consumers, and the third is a consumer protection entity transaction security; supervision isthe perfection of the supervision mechanism includes two parts: a part of the networkinggroup buys credit system, partly to establish self-discipline systems; perfection of judicialremedy links, namely judicial mechanisms introduced four kinds of systems: the first is toestablish third party organizations, the second is the establishment of online dispute resolutionmechanisms, and the third is to improve consumer public interest litigation system, is to buildteam-buying venture fund IV system.With the development of team-buying market in China, Internet case is occurringfrequently, protection-buying consumers’ legal rights is particularly important. Aiming at themain problems existing in network group proposes solutions, hopes to promote healthy andsustainable development network group-buying consumer protection benefit.