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Research On The Legal Issues Of Online Shopping Consumers' Right To Know

Posted on:2018-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:J SuFull Text:PDF
GTID:2356330542984089Subject:Law
Abstract/Summary:PDF Full Text Request
The right to know,as the name implies,is the right to know the relevant circumstances.In this paper,the consumer's right to know in the network transaction refers to the right of the consumer to know the real situation of the purchase,the goods used or the services accepted when using the network for consumption.Compared with the traditional offline entity consumption,network consumers have certain particularity.In the network transaction,the duty subject,the content range of the consumer's right to know is bigger,the way of the consumer's right to know changes,the risk of the consumer's right to know also increases.The online shopping consumer's right to know is more important than the traditional consumer's right to know.Online shopping consumers' right to know is the premise to reduce the risk of network transaction,is the basis of other rights of consumers,is the guarantee of the healthy development of network economy.At present,the situation of infringement of online shopping consumers' right to know is mainly false advertising,network false information,incomplete information of network commodity information,false reputation evaluation of commodities,etc.At present," consumer protection law" and " network transaction management method" is two main network shopping consumers' right to know protection law,new " consumer protection law" can be said as a great progress to protect the legitimate rights and interests of the network consumers,it gives the network consumers " regret rights ",set the network operator information disclosure obligations,clear the responsibility of the network trading platform.The network transaction management method is a management method specially for the network transaction,it defines the identity information of the network transaction platform and network operator,clears the jurisdiction of the law enforcement department,and has certain guiding role in practice.There is no special way to protect the online shopping consumption right to know.when the online shopping consumer right to know is infringed,online shopping consumers can choose the same way as traditional consumers,namely:negotiate and settle with the operators;To request the consumer association or other mediation organizations established by law to mediate;To complain to the relevant administrative departments;The arbitration agreement reached with the operator shall be submitted to the arbitration institution for arbitration.Bring a lawsuit to the people's court.The behavior of infringing consumers' right to know in online shopping occurs,and from the perspective of legislation,our country lacks a lot of relevant legislation;From the relief channel,the relief channel of China's guarantee network shopping consumers'right to know is not smooth;From the perspective of supervision,the government is lax in the supervision of violations;In addition,the great asymmetry between the merchants and consumers in online shopping and the difficulties of consumers in online shopping to proof lead to the occurrence of the infringement phenomenon of consumers' right to know in online shopping.The European and American,Japan and other developed regions have rich experience in the protection of online consumers' right to know,legislation is relatively perfect,many of which are conducive to the maintenance of consumers'right to know,they have made a useful attempt in the field of online shopping.Combined with the national conditions of our country,although the network shopping has been widely spread in China,but the relative laws and regulations is not perfect.Therefore,we need to actively explore the foreign advanced legislative experience,and according to the specific situation in China to propose reasonable measures to protect the realization of online shopping consumers' right to know.The author believes that we can improve the relevant legislation,clear relief channels,strengthen supervision to protect the consumers' right to know in the network transactions,increase the consumer's confidence in the online transaction,create a healthy and honest online shopping environment for the consumers of online shopping,and promote the rapid development of our economy.
Keywords/Search Tags:the right to know of online shopping consumers, current situation in China, foreign law, protection countermeasure
PDF Full Text Request
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