| In the context of the rapid development of the Internet,e-commerce is booming.In early 2010,online group shopping emerged as a new e-commerce model in China's online trading market,resulting in the great changes on the people's lifestyle and consumption patterns.Since the online group shopping ushered in China's online trading market,it has been deeply loved by Chinese consumers.Its' convenient consumption methods and low prices have attracted many consumers,especially the young people.The twenty-first century is the era of network economy.The development of online group shopping is also growing faster.On the one hand,the number of online group shopping websites is continuously growing,such as nuomi.com,lashou.com,juhuasuan.com,etc.On the other hand,the transaction fields of online group shipping and coverage are expanding,deepening continuously,from the initial catering industry to the current apparel,food,transportation,and even housing and other consumer areas.Online group shopping not only brings the consumers a shopping experience,but also facilitates people's daily life.However,some problems that come along with it are also gradually highlighted.For example,consumers' right to know information is restricted;privacy is disclosed;property security has hidden risks;it is hard to guarantee fair trades;consumers' freedom of choice is violated;and after-sales claims are difficult.In addition,the supporting facilities such as the formulation of relevant laws and regulations on the emerging consumer mode,online group shopping,in China are not sound and complete.Inadequate laws and regulations on consumer protection,inadequate supervision by relevant government agencies,and lack of self-discipline in the online group shopping industry have caused numerous conflicts among consumers and businesses.Although the new Law on Protection of the Rights and Interests of Consumers promulgated in 2014 added relevant provisions on online shopping,these provisions lack specific guidance on specific operations,and they are not well-targeted,and their contents are not perfect enough to solve many consumption issues that have arisen from the group shopping,so the legitimate rights and interests of consumers have not been effectively protected.Online group shopping is a kind of electronic transaction mode which is different from traditional shopping.The author believes that special laws and regulations should be enacted to restrict it.However,so far,relevant e-commerce laws and regulations do not have specific regulations.A few laws and regulations have protective provisions for group-buying consumers,but those non-specific contents,lack of maneuverability,and lack of compelling power make them not suitable and exercisable in solving group shopping problems,and thus the consumer's legitimate rights and interests are still not effectively protected.Starting from the maintenance of the rights and interests of consumers of online group shopping,the paper will discuss the subject from six aspects:Chapter 1 introduces the research background,significance,domestic and foreign researches of online group shopping,and the innovation of this paper.Chapter 2 is an overview of online group shopping and the analysis of its legal relationship.This chapter determines the concept,main features and patterns of online group shopping,and then analyzes the main body of online group shopping and its legal relationship.Chapter 3 analyzes the status quo of consumers' rights protection through online group shopping in China.Starting with the legislative overview,existing problems and the reasons for the protection of consumers' rights and interests in online group shopping in China,this chapter first identifies problems in the legislation and supervision of consumer rights protection in online group shopping in China,and then analyzes problems existing in the right protection of the right to information,privacy,property security,fair trade,freedom of choice,right to claim,etc.through typical cases in group buying,and finally the relief problem in the online group shopping is analyzed briefly.Chapter 4 introduces the legal reference for the protection of consumers' rights and interests in overseas online group shopping.This chapter analyzes the experiences of the countries represented by the United States,the European Union and Japan in the protection of consumers' rights and interests in online group shopping,and draws enlightenments and lessons for China.Chapter 5 is the perfect suggestion for the protection of consumers' rights and interests in online group shopping in China.On the one hand,it is necessary to find out the solutions,improve the laws and regulations of online group shopping,and strengthen supervision of online group purchases based on the main problems found in the legislative supervision;on the other hand,it is also required to strengthen the protection of consumer rights and improve the online group shopping remedies.Starting from the four aspects,we will implement a multi-pronged approach and comprehensively improve China's online consumer protection system for online group shopping.Chapter 6 is Conclusion and Outlook.This chapter summarizes and prospects the rights and interests of online group shopping consumers. |
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