Research On Legal Issues Of Online Trading

For its various advantages of openness, convenience, low cost and highefficiency, Online shopping has become increasingly favored by consumers. Inrecent years consumers increase year by year, total sales are increasing year by yeareither.In order to broaden the market, increase performance and win thecompetition,a large number of business and companies have to enter the big businessin e-commerce. China’s relevant departments and experts predict that after "TwelveFive", China will become the world’s largest e-commerce market, the e-commerceindustry will become the most promising and most internationally competitiveindustries. However, e-commerce is an emerging industry, for some legal issues ofelectronic commerce, the relevant legislation is relatively backward, related systemis not perfect yet, and not well adapted to this new business model. As onlinetransactions with its own covert,virtual and other characteristics, it indeed not onlyhas damaged the interests of consumers, also hinders the healthy development of thenetwork market economy. Considering today’s realities, a number of issues havediscussed.E-commerce research and applications in the academic becomeincreasingly important. Therefore, this paper from six aspects of the problem has alegal analysis and research.This article analysis relevant issues through legal basis. Make suggestions onlegislation by comparing our current legislation and legal provisions in othercountries.First,the passage elaborates the concept of characteristics of online trading.Besides it introduce the current development of online transcations in China,as wellas legal issues related to the staus quo.Second, recognize the online transactions subject from legal perspective. As aresult online trading entity should meet three principles:the principle of realsubjects,the principle of competent entities and the priciple of publicity of entities.Those who engage in online business should apply for business registration,real-name registration. It is better to safeguard the legitmate rights ofconsumers.Third, as for pre-contractual obligations, the operators of online transactionsrequire disclosure of information on the product. Due to the characteristics of thevirtual nature of online transactions, consumer awareness of the product iscompletely based on the description from operators. Before entering into a contract,disclosure of information is more stringent than the traditional transaction.Fourth, as for the standard terms of online transactions, standard terms can besaid to be a natural fit for online trading, online trading operators always faceunspecified people.It is impossible to sign and modify contracts one by one, butcustomers have to comply with some unfair standard terms of online transactions,so these standard tems should be regulated by law so that consumer rights could beprotected.Fifth, regret rights of online shopping is a right that has been written for"Consumer Law". It works well for protecting consumers’rights. but the provisionsof this law is too general.As a result legitimate rights and interests of consumerscan not be protected very well, and therefore it is necessary to refine the relevantprovisions on regret rights.Sixth，according to norms of online transactions, from the prospects of issues ofinformation disclosure, the standard terms and regret rights of online shopping, putforward the legislative suggestions so that strenthen the legal management of onlinetransctions.