The Protection Of Consumer Rights In Online Procurement Service

With the development of electronic business and the requirements of people for purchasing from remote places, online procurement, which is a novel shopping fashion, has been accepted by more and more consumers. However, the virtuality of Internet leads to the information imbalance between the consumers and merchants. As a result, some activity of infringement and the breach of contract begin to emerge, such as the violation of purchase obligations, the delayed shipment, and selling the fake products, etc. They hurt the consumers' legal rights significantly. Furthermore, our country does not have a specific law for ruling the novel online procurement, and other related legal regulations also have some shortcomings, so the violation disputes and infringement disputes emerge drastically. In order to solve above problems, based on the related theory in contract law and tort liability law, this thesis discusses the protection of consumers' rights in online procurement from three aspects, i.e. the liability identification of merchants, the judicial remedy for infringement, and the application conditions of consumers' rights.This thesis consists of the following five sections:In Section 1, this thesis provides an overview of online procurement service business, and analyses the legal relationship between consumers and merchants from legal definition, service category, and legal property.In Section 2, this thesis discusses legal problems during the online procurement service, and detail the contract establishment between the consumers and merchants. Besides, this thesis investigates the rights and obligations among consumer, merchant, and online transaction platform. Finally, the responsibilities undertaken by the merchants and online transaction platform are also discussed.In Section 3, by referring to the judicial practice and representative cases in the social events, this thesis thoroughly analyses the concrete infringement on consumers in China, as well as the difficulty for effective protection.In Section 4, this thesis reviews the current legislative situation of consumer rights protection at home and abroad, and meanwhile elaborate the inspiration of the experiences of other countries to China.In Section 5, according to abovementioned protection difficulties, this thesis proposes the improved measures in terms of the identification standard, responsibility undertaken ways, tort liability for merchants, and the rights of consumers. Our purpose is to make the rights protection more convenient and effective for the consumers.