| Along with the market economy unceasing development,the Internet science and technology already entered everyone,not only the people carried on the exchange with it,the enhancement and the world relation,moreover also met own through the network transaction material life need.The network transaction because of its service convenient,the price actual benefit,the variety diverse and is pursued deeply the people holds,it lets the people be confined at home may take in everything at a glance to the world each place assorted commodity,also lets the people on beautiful APP and so on group,glutinous rice the short distance contact each place good food,enjoys pleasant sensation and comfort which delivers goods to the doorstep and delivers meal visits.However,the network transaction while satisfies the people highly effective,convenient,also brings a series of worrying for the people with the question.In the network transaction the line of goods lets the consumer have the choice difficulty dazzling,because is unable really to touch the commodity quality,also let them lose the scene test to tread the true feelings.But what is more important,the network shopping produces a series of questions let the consumer damage severely the brain.Consumer’s right to know,the fair deal power,peaceful plenary powers,the right of privacy,the damage compensate power often suffers infringement.Although our country the new revision "Consumer Rights and interests Protection method" has enlarged in 2013 to the network transaction pattern in the consumer rights and interests protection,has "the General provisions of the civil law" in addition,"Law of contract","Product quality Law","Network security Method" urgently needs solves the dispute which in the network transaction appears,but it regarding network transaction stipulation existence common law and special method relational question,therefore in the reality has the law to be suitable is not clear about,the legal limits fuzzy situation.This article in view of above question,separately from the network transaction correlation legal concept limits,under our country network transaction pattern in the consumer rights and interests protection legal regime present situation and the question,the overseas network transaction the consumer rights and interests protection related legal rule and the enlightenment,the consumer rights and interests protection suggestion four aspects launches to our country network transaction in,profoundly excavates the question which in our country network transaction exists,and through the model overseas correlation legislation experience,the question which exists to our country’s network transaction in proposed the pointed suggestion,consummates current our country by the time the legal regime insufficiency which exists in the network transaction.The first part mainly the market main body which from the network transaction transaction concept,the characteristic and the management pattern and involves(including network operator,expense and the third party pays platform)to carry on the comprehensive analysis.The second part mainly summarizes in our country current network transaction to the consumer rights and interests protection present situation,mainly from to the consumer right to know,the fair deal power,the person peaceful plenary powers,the right of privacy,damage compensate power several aspects launches elaborates and summarizes existence question,like the correlation law laws and regulations do not arrive,government supervising and managing do not arrive,the payment way not perfectly,the jurisdiction dispute and so on the aspects in a big way.The third part through to countries and so on the European Union,US,Japan,Germany to network transaction related legal regime combing,summarizes to our country’s model significance.The fourth part mainly is proposed the consumer rights and interests protection legal regime consummates the suggestion to our country current network transaction in,mainly is must consummate the correlation law laws and regulations,the explicit third party pays the platform qualitatively the law,the establishment diversification dispute solves the mechanism.This article mainly launches from the network transaction background,through asks the question to our country network transaction pattern under to the consumer rights and interests protection present situation elaboration,then profits from other national this aspect the advanced experience to solve the problem,proposed to our country network transaction pattern under the consumer rights and interests legal protection system correlation suggestion,hoped can the question which exists immediately to our country’s network transaction in from the legal stratification plane consummate,by time promotion network transaction security healthy development. |