Research On The Legal Issues Of The Protection Of Consumers' Rights And Interests In Network Overseas Purchasing

With the rapid development of the Internet,the network of overseas purchasing came into being,this new way of shopping in our lives to bring convenience,but also to our lives brought great risks.Network overseas purchasing is a new way of shopping in the internet age,because of its convenience and cost-effective and widely favored by consumers.The network overseas purchase profit space is bigger,causes to engage in the network overseas purchase the electric business platform and the purchasing merchant more and more,but because lacks the corresponding laws and regulations and the profession self-discipline rule to regulate,the network overseas purchasing market is more chaotic,causes the frequent infringement consumer rights situation.Although the 2014 implementation of the new "consumer Rights and Interests Protection Act" increased "online shopping seven days no reason to return" provisions,but in the network overseas purchasing is not fully implemented,there are still a large number of violations of consumer rights to revoke the situation.Moreover,the protection of consumers' rights and interests in the network overseas is not formed,but it is scattered in the laws and regulations such as "Consumer Protection Law","Contract law","Tort Liability Law","Network transaction management measures" and "punishment measures against consumer's rights and interests".This brings new problems to the protection of consumers' rights and interests abroad.This paper intends to analyze the following questions from the consumer's point of view: What is the network overseas purchasing? What are the legal relationships in purchasing overseas? What rights and interests of consumers are vulnerable? How to solve these problems? The full text is divided into four parts,The ultimate goal is to protect the network overseas purchasing consumer's rights and interests put forward perfect suggestions.The first part,this paper defines the concept of the network overseas purchasing,analyzes its causes and characteristics,and combs the legal relations among the overseas purchasing of the network,which is mainly the legal relationship between consumers and purchasing agents,purchasing agents and overseas operators,consumers and overseas operators,consumers and electric business platforms four.For the following to improve the countermeasures to pave the way.The second part,first of all,discusses the specific performance of consumers'rights and interests in the process of network overseas purchasing,including the infringement of consumers' right to privacy,the right to security,the right to know the truth,and obtains the conclusion that consumers' rights and interests are easily infringed in the network overseas purchasing,and lays the Analysis of the causes of consumers' rights and interests vulnerable to infringement,that is,the lag of law,the system of admittance of the electric business platform is not perfect,the industry self-discipline system is imperfect,the consumer's consciousness of protecting their own rights is weaker,etc.The third part,outlines the foreign consumer rights and interests protection related legislation.The Organization for Economic Cooperation and Development,the European Union and the United States have perfected the relevant legislation and system for the protection of consumers' rights and interests in internet shopping.This part first elaborated these legislation and the related system,and unifies our country network overseas purchasing consumer rights and interests protection present situation,seeks the consummation countermeasure.The fourth part,China's network of overseas purchasing development faster,but the relevant protection of consumer rights and interests of the system is not keeping pace with the development,it will lead to consumer rights are very vulnerable to infringement.This part discusses how to protect the rights and interests of consumers from the following aspects.First,starting with the basic system,restricting the free right of the purchasing trader,the use of standard form clauses,perfecting the information disclosure system,prolonging the exercise period of the consumer's revocation right and perfecting the market access system;Secondly,from the industry itself to put forward the corresponding improvement measures,including the improvement of the industry self-regulation rules and the security of the dealer platform for transaction Third,from the relief mechanism to discuss,including the improvement of judicial relief and the establishment of a sound and convenient non-litigation solution mechanism,and finally,the relevant supporting system to improve the network to assist other overseas purchasing system.