China's Online Shopping Consumer Rights And Legal Protection Research

With the rapid development of The electronic commerce,online shopping has gradually penetrated into people's life style,provide a new shopping way for consumers,and increasingly consumers also use it as first choice of daily consumption.But the online shopping also make shopping relationship more complicated with it's inherent virtuality,openness and high risk when it's brings more convenience to consumers.Therefore,I do some research about consumers' rights and interests legal protection issues based on the background of online shopping environment.As imperfect legislation system,the regulation not in place,the information between proprietors and consumers is not match in China,online shopping consumer rights can't get effective protection.Network fraud,false advertising,invalid contract,consumer information disclosure occur frequently.So the protection of consumer rights and interests under the online shopping environment becomes particularly important.Right to know is the fundamental rights of consumer rights.Trade effect can be affected if consumer hasn't get more comprehensive information.Therefore,it's important to improve the operator's online information disclosure obligations,reduce the situation of asymmetric information to make both parties fully grasp the trading content,realize the right to know.Privacy refers to the safety issue about personal information and property,on the one hand,it's necessary to strengthen operator's self-discipline and government regulation;on the other hand,it's necessary to perfect privacy legal protection,to confirm online privacy has the legal status of independent personality,to clear contents of right of privacy.Rights of rescission as after-sale security rights,providespecial protection for the consumer,highlights the law of human nature.It's absolutely necessary to refine the relevant legal provisions and determine the range of not appropriate return and refund process to protect right of rescission.In addition,the issue of online shopping consumer rights disputes becomes more and more complicated in practice.For example,evidence collection is difficult in the judicial litigation,tort relationship is difficult to identify,lack of effective way to settle disputes,dispute can't be resolved timely and effective.So the author review the burden of proof in traditional litigation and jurisdiction of the court rules do the review and puts forward the personal viewpoint.And I also list ways to solve dispute solution beyond the judicial way,such as establish online dispute and small litigation relief system.