The Protection Of Consumers' Rights In Overseas Purchasing Agency

With the development of economic globalization,the logistics industry is running increasingly mature norms and e-commerce development,people gradually developed a cross regional shopping needs,in recent years the rise of overseas purchasing as a new mode of shopping has been more and more accepted by consumers.But between the virtual network and the purchasing lead consumers to grasp of information errors,because the purchasing with fake and shoddy goods,did not provide Chinese identification breach of contract or tort in overseas purchasing gradually in the course of daily,which greatly damage the legitimate rights and interests of consumers.At present our country for this new thing no overseas purchasing special legal norms adjustment,apply the relevant legal provisions is not clear,resulting in between consumers and the purchasing contract disputes and disputes occur frequently.To solve the above problems,this reference to "People's Republic of China contract law","People's Republic of China consumer protection law" and other laws of the relevant theory,combined with the special nature of overseas purchasing itself,from the analysis of the types of disputes,overseas purchasing has been discussed in the traditional way of safeguarding the rights clear obstacles,to increase the protection of consumer rights in overseas purchasing.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is mainly from the definition of the concept,types and characteristics of overseas purchasing,two important types of clear overseas purchasing,and transnational,analysis of overseas purchasing non spot and contract multiple,non physical network picture exhibition features different from the general network on behalf of purchase.The second part,analysis of the nature,legal relationship of overseas purchasing mainly includes: the relationship between the consumer and the purchasing agent,purchasing and sale contract,foreign operators and consumers overseas operators business relation and business shopping network platform and overseas purchasing is legal relation of shopping counter rental.The third part,the premise of protecting the interests of consumers in the overseas purchasing rights and obligations between the two sides is clear in the overseas purchasing contract,purchasing on the party's obligations,the main duty of disclosure,confirmation of purchasing goods information obligations,shall not be entrusted to the purchasing of goods and delivery of compulsory rotation of purchasing goods,quality guarantee obligations,buyer's personal information confidentiality obligations;on the rights of consumers,mainly have the right to know,the right to claim compensation,even bargain.The fourth part of the overseas purchasing the types of disputes and difficulties through the analysis of typical cases,based on the traditional rights way analysis on obstacles in overseas purchasing rights clear,mainly from the revision of existing legislation and the construction of new legislation,dispute mechanism,and according to the particularity of overseas purchasing outside the law the Customs Department and other aspects of constraints,so as to protect the rights and interests of consumers overseas purchasing.