Research On The Burden Of Proof System In Online Shopping Disputes

With the development and improvement of the logistics industry and the third party payment system, so much more people choose shopping online. Because the online shopping is trading in a virtual environment, in another word, both parties connect each other by the Internet. As a result, it is difficult for consumer to collect evidence once they come up with a dispute. However, the point of allocation of the burden of proof with fair and reasonable is so vital for the court in hearing cases, which also related with the safeguard of the legitimate rights and interests of the online shopping consumer. In this paper, combine with the characteristic of online shopping, and analysis of the process of online shopping, such as quality guarantee, logistics and payment, we discussion the difficulty of the burden of proof for online shopping consumer. Based on the analyzes of the related regulation of United States and Japan, this paper put forward some suggestions, for instance, expanding the scope of burden of proof reversed in online shopping cases, increasing the burden of proof of e-commerce platform, and getting a balance in the burden of proof between the parties. Aiming at resolving the real difficulty in proving, this paper trying to specifically elaborated the burden of proof between the parties at the background of Internet era, and successfully achieve a winwin situation which come up with the situation of healthy and rapid development of network consumer economy.