On Protection Of Consumers' Rights And Benefits Under Electronic Contract Error

Due to the popularity of online shopping in the modern society,the consumers' rights and interests is damaged cases increasing year by yearbecause of the electronic contract error.Because there is no direct legal basis,so in the practice of the legitimate rights and interests of consumers can not be effectively protected,and even the resulting litigation cases can not be properly resolved.Protection of consumer rights is not only the focus of attention of all countries and international organizations,but also an important link with people's living standards.If during the developmence of e-commerce,consumer rights can not be well maintained,then the sunrise industry will be bound to sluggish.This thesis is divided into the following three parts to study:The first part of the electronic contract error is defined and related examples of analysis.The electronic contract error should be under the traditional contract error,including the subjective and objective factors of the electronic information system.If the type of the object to the type of classification,it can be divided into the platform operators,information systems,unauthorized,force majeure and accidents,network service operators caused by the type of electronic contract errors.According to the actual case,this article summed up the real life by the different objects caused by the consumer rights and interests of the situation.The second part puts forward the existing problems in the current law and practice in view of the damage of consumer rights in the case of electronic contract errors in the first part.In terms of legislation,there is no relevant legislation on the wrong of electronic contract.In the process of drawing on "contract law",there are still differences in the application of major misunderstandings.In addition,in the compensation of consumer rights,the responsibility for their trust and the responsibility of contracting negligence should be distinguished to a reasonable protection of the interests of consumers as a prerequisite.Finally,due to the electronic contract errors caused by the loss of consumer rights,the consumer rights procedures still exist in the consumer subject to identify difficulties,difficulties in obtaining evidence and other issues.The third part discusses the countermeasures.Based on the second part of the legal issues and proposed countermeasures.For the major misunderstanding,we can learn from the German system of error,to establish the meaning of our country that the wrong system,and clear the misunderstanding of the meaning of this system.Second,from the normative error damage liability to regulate the current consumer claims in the problem.Finally,through the burden of proof and other aspects of the initiative to improve consumer rights litigation procedures.