Research On The Legal Protection Mechanism Of Online Consumption

Action plan of “Internet Plus” was first proposed in government work report of 2015,“New Economy” was clearly put into government work report of 2016,and in 2017,“Credible Network and Worry-free Consumption” was identified as the theme of the campaigning year of Chinese consumer association.Within just two years,the new format of “Internet Plus” has developed rapidly,which further accelerates the transformation and upgrading of Chinese economy.“Internet Plus” makes a crucial contribution to the success of it,but there are also inevitable “Growing Pains” in Internet economy mingling of good and bad.Under the virtual form of network consumption,some unscrupulous businessmen have the fluke mentality,and infringements,such as phony sales,information leakage and so on,occur regularly.The law is an essential tool for running the country,which not only solves problems real life is faced with,but also plays a leading and promoting role in economic and social development,especially in industrial transformation and upgrading and healthy development of economy.“Internet Plus” has become an important development strategy of industrial transformation of China,so prospective studies of hot law topics in the development of “Internet Plus” are urgently needed.Through prominent problems in network consumption field under new economic formation of “Internet Plus”,the author tries to seek development path of rules behind from multiple dimensions,such as legislation,law enforcement,justice,common law,observance,supervision,punishment,early warning,education and so on.And at the same time,with the analysis of hot events and cases,the author reveals legal and regulatory environments of current network consumption field,checks new rules and practices,and explores paths and measures of network consumption rights protection under new economic formation of “Internet Plus” which is based on the actual situations of China and learns from other countries' experiences.Specific research is divided into the following four parts:The first part is introduction.It focuses on the purpose and significance of the topic,analyzes its background,and compares current research status of domestic and foreign literature to figure out inadequacies in theoretical and practical levels in domestic network consumption field,which is convenient for learning extraterritorial experiences.It also combs research methods and innovations in the writing course,and briefly explains the structure of the paper.The second part lays special stress on analyzing the theoretical basis of network consumption under new economic formation of “Internet Plus”.It compares the state of network consumption before and after the occurrence of the new economic formation of “Internet Plus” from connotation structure and characteristics of network consumption under the new economic formation of “Internet Plus”,and analyzes trends of China's new economic formation of “Internet Plus” based on national policies,legislative trends,and current development situations of new formats,network economy and network infrastructure development under “Internet Plus” mode.At the same time,it compares domestic and foreign legal status of consumers' rights in the field of network consumption.By access to information,it reviews laws,regulations,guiding opinions or principles constituted and promulgated by EU,USA,German and Japan for the Internet market,and compares them with laws and regulations formulated and promulgated by China for the Internet field to deeply discuss gaps and shortages in legislative system,legislative ideas and ways of safeguarding rights between domestic and international community,which provides extraterritorial experiences for setting up rights protection directions in what follows.The third part mainly adopts the “pattern” of “case reasoning”,and does deep research on problems obvious in the field of Internet consumption under the new economic formation of “Internet Plus” such as false propaganda,Internet fraud,imperfection of online information,format contract,spam,personal privacy disclosure,difficulties of returning goods and exchanging goods.Order cancellation by combing typical cases in the field of network consumption and introducing and analyzing them.It deeply analyses problems and explains the importance and urgency of improving rights protection in the field of network consumption.The fourth part mainly discusses difficulties faced by network consumption,and tries to construct route choices and measures of legal protection of network consumption under the new formation of “Internet Plus”.It puts forward rights protection paths which combine the new economic formation of “Internet Plus”,improve legislative ideas,perfect supervision and law enforcement system,and build plural rights protection mechanism.Legislative ideas should adapt to the new normal of “Internet Plus”,focus on forward-looking and special legislation,center on protecting consumer rights,and maintain the balance of network consumption market;supervision and law enforcement system of network consumption market needs to explore new regulatory path combined with “Internet Plus”,continuously improve the efficiency of supervision and law enforcement,and crack down on illegal acts;rights protection mechanism should adapt to “Internet Plus”,online and offline integrated plural rights protection mechanism needs to be built,early warning and legal mechanisms of “Internet Plus New Media” have to be improved to form long-term protection mechanism of cross linkage and social cohabitation in order to improve laws and regulations,innovate institutional mechanisms,protect legitimate rights and interests of consumers,and to create a safe,secure and comfortable environment for network consumption.