Research On The Protection Of Consumer Rights And Interests In Online Transactions

As an important part of the network economy in the information age,online transactions are gradually becoming the leader of the retail industry instead of the traditional trades.Internet consumers are the basic driving force for the rapid development of network transactions.Enjoying the shortcut and convenient coming from the network trades,consumers also face a variety of troubles that their legal rights and interests may be infringed due to the virtuality of Internet.In this thesis,the problems existing in the protection of rights and interests of consumers online at the present stage are studied through theoretical analysis and concrete investigation.Some corresponding countermeasures and suggestions are put forward considering the characteristics of China's online trading development.The thesis aims to provide experience and guidance for reference from several aspects,such as the ideas,principles,value orientation and technique of legislation and the formulation of policies and principles for government departments.Main work and contents of this thesis are as follows.The first part of the thesis outlines the background and foundation of the study.First of all,the definitions and concepts of traditional consumers and network consumers are elaborated and compared with each other.Secondly,the scope of liability subjects of infringement act is studied,thus the particularity and significance of the protection of network consumer rights are proposed.Finally,the current situation of legislation on the protection of rights and interests of online consumers in China is presented.The second part discusses the current situation of the realization of the legitimate rights and interests of Internet consumers in China.Specific characteristics of consumer's rights,such as rights to know,privacy,security and fair deal,and the specific performance of the infringement in network transactions are studied.The third chapter focuses on the problems Internet consumers may encountered when they are trying to protect their legitimate rights in a variety of ways.The main practical difficulties are the weakness of consumer's self-protection awareness,the troubles of mediation and supervision for administrative agency,and the disputes and infringements during litigation process.After further analyzing these issues in detail,the status and difficulties of the protection of consumer rights in network transactions are further clarified.Finally,on the basis of the previous study,some new viewpoints are put forward on how to effectively carry out the protection of consumer rights in the network,including the improvement of substantive law and procedural law,the establishment of a mechanism that combines administrative supervision and various types of mediation,improvement of the public interest litigation system and other specific measures,which aim to protect consumers' legitimate rights and interests more effectively in network transactions and promote the healthy development of this consumption model.