Research On The Legal Issues Of Consumer Rights And Interests Protection In The Online Group-buying

As a new form of electronic commerce, online Group-buying has brought a series legal issue of consumers' rights and interests protection, when the new form changed traditional trading mode. To solve these problems, many scholars have discussed about it, but constrained by legal governance framework of electronic commerce and could not find out the special nature of the legal protection of the consumers Online Group-buying, then fail to put forward the countermeasures of the protection of Online Group-buying consumers.Through analysis the business model of the Online Group-buying and its legal relationship, it can be found that the Online Group-buying can be divided into three modes: spontaneous group buying, marketing group purchase and business group purchase, and the legal relationship involves three of the relationship between operators, consumers, and the platform. Two legal relationships, which related to the consumer directly, have leaded to Online Group-buying consumer legal issues. It can be summarized as legislation, law enforcement and judicial issues. Specifically, it including the legislation of Online Group-buying consumer right protect, the main management of the administrative law enforcement is not clear, administrative law enforcement is not in place and other issues, the high cost of litigation, rights and procedural diff iculties. For these problems, the typical practice is to deal with the problem of individual legislation, to distinguish between different levels of consumers, special consumers in particular, the implementation of comprehensive legislation, flexible to deal with new problems; innovation law enforcement mechanism, and effectively protect the interests of consumers online purchase. With foreign experience and inspiration, China's online consumer protection should be improved from the following three aspects: First, there should be setting up the special protection of consumer protection concept of legislation, expanding the relevant laws and regulations, establish administrative regulations of online consumer protection; Second, on the administrative aspects, strengthen administrative supervision mechanism, construction of online business administrative law enforcement linkage mechanism and credit publicity system. Third,on the Justice, to reduce the cost of online consumer litigation, improve the network buy Consumer representative litigation system, to establish a proof system to consumers tilt; Fourth, on the social aspects, guide the network to buy operators of industry self-regulation, support consumer organizations to help adults, support and theory to buy operators to monitor.