Research On The Protection Of The Rights And Interests Of Consumers In Mobile-shopping Mode

Since the Internet enter china in1990s, Chinese people’s consumption habits have changed a lot, which changed from the traditional spending habits to the popular consuming habit-Online shopping, and then to the newborn kind of shopping way-mobile shopping. The information revolution in the consuming area never stopped.Mobile shopping is much different from the traditional shopping way, it has inherited convenience and globalization form Online-shopping, but the most important characteristic of this model is mobility. Under this model, consumers could really enjoy the shopping experience, regardless of space and time.The basic rule of market economy, survival of the fittest, has made the industry of mobile-shopping a great success. According to a recent report by market research firm Iresearch, the size of mobile-shopping market in china reach4.334billion the third quarter of2013, year on year growth rate is141.9%, higher than the whole growth rate of online-shopping with personal computers. However, the pros and cons are always hands in hands, with the great development of mobile-shopping market, there goes a great number of infringement cases. Consumers’ Association of china received20,454cases of online-shopping in2012, and16,408first half year of2013, the year on year growth rate raised99%.The excessively large quantity of infringement cases weakened consumers’enthusiasm seriously, and limited the further development of this industry. Besides, those who want to protect their consumer rights are faced with a much more complex situation as a result of the particularity of mobile-shopping.This essay focuses on the protection of the rights and interests of consumers in mobile-shopping mode. First of all, it introduces some background knowledge which is relate to mobile-shopping. Second, it makes a list of types of disputes over the rights of consumers and the main infringement rights. Third, the author had made a description of the present situation of the protection of consumers’rights based on a large number of related materials and practical experience. Fourth, the author pointed out some practical issues when we using current legal framework to solve new kinds of shopping disputes and brought forward several solutions. In the last, the essay raised some specific strategies in order to prevent mobile-shopping disputes. This thesis could be divided into five parts. Part Ⅰ, the introduction introduce the purpose and scope of the study, then talks about research status at home and abroad as well as the theoretical and practical significance of this subject. In the last, it shared the way it took to do the study.Part Ⅱ, the essay introduced some basic situation, including the concept of mobile-shopping, characteristics and its current development, then it analyzed practical types of mobile-shopping disputes and the types of those infringement rights in these disputes based on several realistic cases.Part Ⅲ, the essay talks about the present situation of the area of protection of consumers’ rights under the new model of shopping, including the government behavior, the industry self-discipline organization behavior and the voluntary performance of the market. Then it pointed out some practical issues when we using current legal framework to solve new kinds of shopping disputes and brought forward several solutions. Further more, in order to promote the development of the new industry, the author imported foreign experience and brought out a new kind of dispute settlement mode.Part Ⅳ, summarized the whole text, analyzed the way to answer excessively high number of infringement cases from a macroscopic angle and pointed out three specific recommendations, Setting up the mechanism of network integrity and improving the internal operation mechanism of the business and the platform provider, as well as strengthen the function of government. Also, the author pointed out that we should set up a consumer evaluation mechanism and a third party credit system, made sure that all the businessmen, platform providers know the Three Disclosure Obligations, to establish deposits system and the first compensation system. In the last, we should spare no efforts to strengthen government supervision and improve the functions of our government.