Research On Consumer Fair Trading Rights Protection In Network Group-purchasing

Network group-purchasing is a new way of shopping.In recent years, this way of shopping becomes more and more popular,because it is really convenient for people to shopping online in groups and in this way people can always purchase very cheap goods. We all know that consumers shall,in their purchasing commodities or receiving services,have the right to obtain fair deal and this of course including network group-purchasing.Acts infringing upon consumers’rights and interests are commom,as a result of the virtual and electronic properties of network group-purchasing.For example,make a clickwrap contract,abusing the reserve clauses,selling fake goods,fraud,compulsory transaction,discrimination against consumers and so on.But i think the fundamental reason is that the current legislation about online trading are too general to be enforced and that perfect supervision system has not been built.So it is necessary to do some research in this field.I will analyze the protection of consumers’fair trading rights in network group-purchasing as the following three parts.The first part,I will introduce what is the consumers’fair trading rights protection in network platform group purchase and make comparison of Chinese regulations with that of foreign’s.In this part,I will begin with discussing the characteristics of the network platform group purchase,and then i will analyze some legal relationships which may exist during the network platform purchase and the necessity of consumer fair trading rights protection in network platform group purchase.On the other hand,I will discuss the definition of fair deal rights,and discuss the necessity to protect consumers’fair deal rights in more detail. Then,I will compare the status quo of China’s legislation on this issue with that of the United States and the European Union;The second part,I will list some typical acts infringing upon the consumer rights and interests during the process of network group-purchasing and analyse the reasons.For example,it is the ambiguous criterion for the construction of network trading platform and lacking of supervision system that resulting in the acts infringing consumers’ fair deal rights when they conclude clickwrap contract with network trading platform;It is the imperfect legal safeguard mechanism and division of liability that making reserve clauses a tool to infringe the consumers’fair trading rights;It is the consumers’weak awareness of its own rights and the high cost of litigation, the heavy burden of proof that resulting in the population of fraud; And it is the legislative defect of article 25 of "Law of the People’s Republic of China on the Protection of Consumer Rights and Interests"that causing compulsory transaction.In the third part,I will make some suggestions about how to protect the consumers’fair rights.Specific proposals are as followings:control over market entry for the network platform group,standardized clickwrap contracts;construct supervision system,clarify the liability for the reservation clauses, improve the legal system,establish a guarantee and professional credit evaluation mechanism,improve the consumers’awareness of right,improve the way to remedy for the consumer’s right;revise article 25 of Law of the People’s Republic of China on the Protection of Consumer Rights and Interests"and perfect the right to withdraw.