Imbalance And Rebalance Of Interests In The Online Shopping

Online shopping, as a new way of online consumption in the information age, not only brings a simple and fast consumer experience to people, but it also has a profound effect on the benefit relationship among the consumptive subjects. In the online shopping transaction, the unreality of trading environment, the risk of technical means in the trading process, and the uncertainty of trading object, further exacerbates the asymmetrical information between the trading subjects, thus causing the occurrence of disequilibrium in benefit gambling between the two sides. The accumulation of uncertain factors that are difficult to control by consumer in the online shopping, further magnifies, but not alleviates the disadvantage of consumer in trading with business operator, leading to the imbalance of interests between the consumer and business operator. The imbalance not only presents the possibility of the increasing infringement of the rights and interests of consumer in the online shopping transaction, but also evolves into the difficulty of the relief of the rights and interests of consumer in the online dispute settlement. This can cause impact and challenges to a great extent to the traditional consumer rights protection system.Consumer right is essentially a technical means of law that transfers and redistributes interests between the consumptive subjects. In order to rectify the imbalance of interests between the trading subjects, law is required to adjust the structure of rights and obligations between the consumptive subjects again through the legal system arrangement. On the premise of giving reasonable legal expectations to the network operator, the interests of consumer in the online shopping should be further tilted, so as to ensure that the level of protection for interests of the consumer in the online shopping environment is not less than that in the traditional shopping environment. The efforts of rebalancing the interests between the consumptive subjects include the recognition of new rights of consumer in the online shopping transaction so as to further expand the scope of protection for consumer rights, the intensification of corresponding obligations of business operator in the online shopping transaction, and the definition of the joint compensation liability of the third-party trading platform in the online shopping. In addition, it is necessary to combine the particularity of online shopping with the innovation of online relief mechanism of consumer rights and interests, so as to realize the essential justice of consumption and the optimal allocation of social interests.