Research On The Legal Protection Of Consumer Security Right In Electronic Commerce

E-commerce has been applied since the 1990s.After three decades of Internet revolution,e-commerce has been endowed with more functions and significance.The changes of business models by Internet have a strong impact on the daily life of the parties in the transaction.While e-commerce brings convenience to consumers,we should also rationally reallize that it is a double-edged sword.New technology such as cloud computing,Internet of things,big data,are applied to business activities,which brings about corresponding dangers to consumers.Security right,one of the most important consumer's rights,also faces new risks.However,our existing laws and regulations do not protect the security rights of consumers in e-commerce in full.In this context,this paper discusses how to protect consumer security right in electronic commerce from the perspective of new contents of security rights--personal information security and payment security.This paper is divided into five parts.The first part,through the Internet environment investigation and data analysis of consumption environment,discusses the new challenge to the consumers' right of security in the field of electronic commerce.The second part discusses the necessity of consumer protection based on the theory of protection,and then draws the conclusion that in e-commerce,personal information security and payment security the new content of consumers' security right,and they ought to be protected other than privacy protection of property rights.The third part reviews relevant laws of protection of consumer rights and interests of our country.For personal information protection,it is suggested that the use of cookies technology should be more specifically regulated,and it is important to clarify the inner link between individual information use and economic development.In terms of payment security,the main issues are payment errors and the legal nature of reserves.In the fourth part,right of consumer safety legislation from abroad are examined.The experience of EU and US are drawn to enrich personal information protection in our country,and it is put forward that payment errors correction shall be consumers'-rights-oriented.The fifth part is devoted to discuss ways perfecting our country electronic commerce consumer safety rights protection,and it makes specific suggestions on personal information protection such as clarifying duration limit of personal information held the operators,and rules on destroy of personal information.