The Study On The Consumer Right-safeguarding In Network Overseas Purchasing

With the popularity of internet in our country and the rapid development of electricity industry,online shopping is more and more from fashion to commonplace. The range of consumer online shopping is no longer limited to the domestic market, but for this global super large market, followed by overseas purchasing “which gradually enters into common families”, and becomes popular day by day. People are accustomed to use internet to experience shopping’s convenience and saving, overseas purchasing is no longer strange to consumer. However, the related legal system construction lag of our country has formed sharp contrast with the flourishing overseas purchasing. Though network overseas purchasing belongs to the electronic commerce shopping mode, but in many ways it has its own characteristic, particularly reflecting in terms of consumer right-safeguarding. From the view of consumer right-safeguarding in network overseas purchasing in recent years, most of the consumer right-safeguarding results are not satisfactory. Many consumers will finally give up right-safeguarding or fail because of self-condition, overseas purchasing agency, actual suppliers and other reasons, This article from the perspective of legal system construction, attempts through consumer right-safeguarding discussion of network overseas purchasing to put forward some countermeasures for overseas purchasing sustainable and healthy development. It consists of four parts.The first part has a general introduction to network overseas purchasing and its complex legal relationship.. The rise of network overseas purchasing is benefited from consumer increasing demand, rapid development of internet and logistics and many other factors. Network overseas purchasing from early acquaintance simple purchasing to the present various purchasing patterns, having two forms of non- spot purchasing and spot purchasing. In spot purchasing the behavior of purchasing agency belongs to buying and selling behavior, and that in non-spot purchasing the legal relationship of consumer and purchasing agency belongs to principal-agent relationship, needs to have analysis for the complex legal relationship.The second part states the performance of consumer right-safeguarding difficulty in network overseas purchasing. Comparing with domestic consumer disputes consumer right-safeguarding, the author thinks in network overseas purchasing, the difficulty in consumer right-safeguarding process can be summarized as the difficulty to find right-safeguarding object, the difficulty to get evidence, the difficulty to define whether the rights is violated, the difficulty to obtain compensation, the difficulty to accept case and so on.The third part analyzes the reason of the consumer right-safeguarding difficulty in network overseas purchasing.The writer believes that the reasons for the difficulty of consumer right-safeguarding will be discussed from the following three aspects: first, from the aspect of liability subject, there is a phenomenon that the purchasing agency identity information audit is not strict,people deliberately set up technical obstacles when returning or exchanging goods, transport company operating qualification and levels are irregularity etc; second, from the aspect of consumer, there is a phenomenon that the consumer doesn’t has strong right-safeguarding consciousness and ability, the eager to protect rights is underpowered;third, from the aspect of system construction, the legal system discrepancy of different country, the cooperation lack of sympatric extraterritorial rights organization and so on.The fourth part on the basis of above reason analysis, proposes the feasibility proposals for the perfection of consumer right-safeguarding law mechanism in network overseas purchasing, these proposals include perfecting the information disclosure mechanism and responsibility distribution of purchasing agency, establishing the credit evaluation system mechanism, the choice of consumer right-safeguarding object is more diversified, perfecting right-safeguarding service system, establishing offline experience physical model, developing the cooperation with major nation and international consumer right-safeguarding group, accomplishing the ODR dispute resolution mechanism and so on.