Research On The Legal Protection Of Internet Consumers’ Right To Know

Along with the development and progress of The Times,the network consumption gradually become the focus of attention of the public,especially as the young people indispensable consumption patterns.Consumers choose to buy through the network platform choice of goods and services,in principle,network operators should be timely and accurate release information of goods and services,store information,and so on,relying on favorable for consumers to purchase goods,the consumer has a right to know:first,the right to know is the precondition for the consumption activity.Consumer is in effect on the function of the goods and services,such as content have a preliminary understanding,to make judgment,selection and consumption of goods need to match.Visible,the right to know is the beginning of consumer activity,well connect the use of commodity value and consumer demand.Second,in the process of network transactions,the realization of the right to know is the precondition of trade fair.It gives consumers time and opportunity to get to know the detailed information of the goods and services to ensure the consumers in the trading of the initiative and better trading terms of fair and justice;Again,the consumer to obtain safety and security,right to know is the necessary condition.However,because of the network virtual sex and off-site model,gives the network the consumers can’t face to face with operator,this gives the operator violates network consumers’ right to know provides a chink in the wall.False advertising(embodied in true,shoddy,with false "preferential price" "lowest price" "sale price""clearance price" selling goods etc.),business credit fraud(operator deliberately provides false information about themselves online and exaggerate their own strength,or pretend to be well-known businessmen)directly,fails to perform or not fully fulfill their obligation to inform(intentionally omit important information,in order to circumvent the inform obligation;by setting obstacles complicate information acquirement of the goods and services,will inform obligation to circumvent;set the format contract of heavy and complicated,to circumvent the inform obligation),such as infringement of network consumers’ right to know the performance of emerge in endlessly,completely has violated the information asymmetry theory,the principle of good faith and fair principles and rights and obligations of reciprocity.Asymmetric information theory,the network consumer,relative to the operator,in a weak position,access to information is limited.To protect network consumers’ right to know is the requirement of the principle of good faith,of substantive justice.To protect network consumers’ right to know is the rights and obligations of reciprocity.Rights and obligations is relative,no rights without obligation,nor has no right to obligations.Emerging infringement behavior of network consumers’ right to know of the increasingly attention and cause the attention of many scholars in our country.On the one hand,they are dedicated to the research of representative countries(the United States,Japan and South Korea)in the consumers’ right to know about the network protection of beneficial experience,serve as a reference for our country to protect network consumers’ right to know:one should strengthen legislation;Second,we must enhance the disclosure obligations of operators before the deal;The characteristics of the three network trade as a legal change think standard.In protecting network consumers’ right to know,the United States,Japan and South Korea and other countries ahead of the international community,take the essence and discard the dregs is the inevitable choice of our country to protect network consumers’right to know.They in-depth analysis,on the other hand,China’s online trading performance and the reasons of the aggrieved consumers right to know,to protect network consumers’ right to know as a psychic.Based on the network consumers’ right to know the meanings for introduction,combing the concept of network consumers,consumers’ right to know,to facilitate the definition of network consumers’ right to know,that when consumer is to purchase goods and services through the Internet channel,the right to advance on the network platform in detail to grasp the real situation could influence the choices and decisions,faults are improper performance,in order to prevent the fraud,induce the damage.Based on set of the concept of network consumers’ right to know,to our country network consumers’ right to know protection defects analyzed:first,the legislative regulation.In network transaction information disclosure obligation of the operator is not clear and the network consumers’ right to know the specific content of fuzzy rules and other two aspects;Second,the administrative regulation.Third,the judicial relief way not free:the current jurisdiction for consumers in the online transactions;Consumers in network trading proof is difficult;Network trading small suit the effect not beautiful.Finally,put forward the countermeasures of perfecting our country’s legal protection of network consumers’ right to know and advice:one perfect network transactions of consumers’ right to know legislation:network consumer right protection system of laws and regulations;To strengthen the network advertising legislation to crack down on false advertising;Perfect the information disclosure system of logistics distribution;Secondly to strengthen the supervision of network consumers’ right to know to protect:to strengthen the supervision of network consumer information security;Strengthen the network supervision of credit evaluation;Thirdly establish infringement of network consumers’ right to know of the relief system:improve the online complaints mechanism;Improve the system of online shopping the judicial relief.