The Problems Of Consumer Claims Rights Protection In The Network Group Buying

Since the establishment of China's first group buying network in the United States in 2010,the group buying network in China have developed rapidly.Due to the low market access threshold,low investment and high profit margin,they are chased by many entrepreneurs.This new fashion shopping more and more by consumers,but also for the prosperity of the Internet economy provides a strong support.However,due to the online shopping mode in China is still in the early stages of development,supervision is ineffective,industry self-discipline,coupled with the characteristics of the network buy their own,leading consumers legitimate rights and interests in the group buy and sell transactions repeatedly infringed.When consumers'rights and interests are infringed upon,consumers can exercise their own right of compensation as a remedy after the rights and interests are damaged.The Law on Protection of Rights and Interests of Consumers clearly stipulates the right of compensation,which refers to the right of consumers to obtain compensation according to law for personal,property damage arising from the purchase,use of goods or receiving services.From the conclusion of the contract to the fulfillment of the contract,from the beginning of the transaction to the end of the transaction,as long as the legitimate rights and interests of consumers are harmed,the right to compensation can be exercised so that the right to claim is the basis and guarantee for the realization of other rights of consumers.This article is based on the network of consumers in the protection of the claim for the study of the object,intended to buy consumer claims protection to provide some feasible suggestions,so as to safeguard the legitimate rights and interests of consumers and promote the healthy development of the network buy industry purposes.This paper mainly from the following three parts to carry out,the first is the definition of consumers' right of compensation in the network group purchase,specifically introduces the network group purchase consumers and network group purchase consumers The right of compensation.The second portion elaborates the existing problems and reasons of consumer claim protection in online group buying,and specifically discusses such issues as the jurisdiction of lawsuit is difficult to determine,the burden of proof is not clear,the subject of indemnification liability is unknown,the enforcement is difficult,the cost of rights protection is high,and the user agreement is unfair.Traditional means of safeguarding rights and interests have encountered difficulties.The reason is that the legal safeguard mechanism is not perfect,the government supervising system is not perfect,the online buy consumers are lack of awareness of self-protection,etc.The third part is based on the second part of the right remedy,put forward suggestions to strengthen the protection of online buyout claims Specific recommendations include improving the government's market supervision system for online group buying,enhancing consumers' self-protection capability,and establishing an online dispute resolution mechanism for online buying.It mainly elaborates the perfection of the legal mechanism,and specifically establishes the rules of jurisdiction of consumer domicile,consummates the system of burden of proof,clarifies the subject of liability,public interest litigation,petty lawsuit and punitive damages system.