Legal Recognition Of Deception On Network Consumption

In recent years, with the rapid development of information technology, networkconsumption has penetrated into people’s daily life, as an important part of theInternet era, network consumption has brought rapid changes to our tradingpatterns.For customers, on the one hand the network consumption advantagesconvenient, fast, and other aspects of globalization; on the other hand consumption ofnetwork virtual, offsite and hi-tech features that consumers in online shoppingprocess more vulnerable to abuse, consumer fraud network behavior bear the brunt.The existing laws and regulations in our country did not have a accurate definition ofdeception on network consumption, which led to the consumer fraud by shopoperators, it is difficult according to activists.Therefore,the author discusses how tolegal recognition of deception on network consumption is this article,in order have anaccurate understanding of the behavior. This is to safeguard the legitimate rights andinterests of consumers, ensure the orderly conduct online transactions, and promotethe stable development of online transactions is significant.This paper is divided into four parts:The first part is a general study of theoretical questions about the deception onnetwork consumption. First of all, I learned from the concept of deception on networkconsumption, so that we know what is the deception on network consumption. Thenanslysis the characteristics of deception on network consumption, recognizing thatonline consumer fraud compared with the traditional shopping fraud withparticularity.Finally,elaborate the deception on network consumption formed for threereasons:first,the information between shop operators and consumer is asymmetry;thesecond is network as the medium of exchange provides a convenient for deception onnetwork consumption; Third, after fraud the consumer rights awareness is weak, thescope of the fraud is very extensive.The second part is identified the actors of deception on network consumption. Innetwork transactions involved in multi-party main body, in addition to operators andconsumers, as well as online trading platform providers and logistics burden. When consumers face trade disputes, this tripartite body shirking responsibility, creatingdifficulties for consumers safeguard the rights.Therefore,a clear understanding of theoperators,the provider of internet trading platform and logistics bearers who is thesubject of fraud is very important.The third part is identified deception on network consumption as well as thesubjective and objective parts. Shop operators psychological subjective in theimplementation of fraud is a deliberate, This deliberately divided into direct andindirect part, the author discusses these two were intentional, while also analyzing thetort problems caused by shop operators cau negligencely. Objective aspect ofdeception on network consumption is its implementation of a certain behavior, suchbehavior, there are four: First, the behavior of the publication of false information;Second, the behavior of operators unilateral repudiation of; the third is the operatorconduct credit speculation; four are phishing attacks.The fourth part is identified the damage and causation in deception on networkconsumption. Network consumer fraud in fact means that the damage behaviorviolated the rights of the consumer to know,to choose, to fair trade.I think theidentification of the causal relationship is the hardest part, the author draws on thepart of tort law and criminal law knowledge about causality,recognized the fact andthe causality in deception on network consumption, identified and described thecausal role of fraud lies, intended to determine the responsibility of shop operatorsbecause of fraud should bear.