| Since the 21st century,the fast development of information technology has changed the human's way of life in all aspects.As an ancient human society's activity,trading has a new form in the information age----it is changing quickly from modern commercial transaction to the electronic commerce.In the last few years,the development of all kinds of e-commerce has sprung up,especially the B2C e-commerce transaction has been rising rapidly.The typical representative is that Tao Bao's sale of "11.11" is becoming higher and higher every year.Compared with the traditional offline trading pattern,B2C e-commerce has a great convenience,such as time saving and efficient,easy to compare prices,allowing consumers never leave home but can easily buy everything all over the world.However,at the same time,the risk of the violated personal information of consumers is increasing.It is because that consumers need to provide their name,contact number,address and other personal information to the merchants in order to be sent goods accurately during the process of B2C e-commerce transactions.But consumers cannot determine whether their personal information will be abused or be protected by merchants.Therefore,the protection of consumers' personal information has become an important factor which restricts the development of B2C e-commerce.Only with good security of consumers'personal information,will it eliminate the concern of consumers,thus promote the further development of B2C e-commerce.With the aim of how to protect the personal information of B2C consumers,this paper uses various research methods,such as comparative analysis,literature research method and so on to explore the overseas related legislation patterns so that we could find out the outstanding points.And then,we will base on the current situation of our country to formulate a good method to protect B2C consumers' personal information.This paper firstly introduces some basic information of B2C e-commerce and consumers'personal information,such as the concepts of B2C e-commerce and personal information,the present situation of B2C e-commerce in our country and the need to protect the consumers'personal information in B2C e-commerce;Then,the paper summarizes the infringement types of B2C consumers' personal information,the current protection situation of B2C consumers' personal information in China and relevant evaluation;After fully understanding the general ideas of consumers' personal information in our country,this paper makes a comparison of personal information protection between America and EU by the detailed introduction and evaluation to find out the outstanding lessons which we could draw.Lastly,by drawing lessons from the advanced foreign legislation patterns and considering the actuality of our country,I draw a conclusion that our country should formulate a unified personal information protection law and establish a rule of legislation leading by law,self-discipline and personal participation.Only in this way,can we effectively solve all sorts of problems faced by China's B2C e-commerce consumers'personal information.Innovations of this paper lie in:(1)The legal protection of personal information is not a one-size-fits-all form,but using different ways of protection according to different kinds of information and subjects.Thus,it could strengthen the protection of consumers'personal information and maximum the use of consumers' personal information and promote the flow of information and the development of B2C e-commerce;(2)Establish civil compensation mechanism for infringement act of personal information and the rule of reverse burden of proof for consumers' request of infringement damage compensation;(3)The application of the mental damage compensation.Due to the limitlessness of the network and the timeliness of transmission,it can be affirmed that network infringement behavior could cause serious damage to the consequences.So the victims shall have the right to request compensation for mental damage. |
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