| Wechat-business is different from traditional online shopping.It is a new type of e-commerce based on social platforms and using acquaintances between friends instead of pure business transactions.It is precisely because of the particularity of the social platform that wechat-business has the characteristics of low market access threshold,instant messaging,and multiple information dissemination methods.In physical store transactions or traditional online shopping,when purchasing,using,or accepting services for consumer consumption,the legal issue of consumer rights violations is subject to the adjustment of the Consumer Rights Protection Law and is protected by it.However,as a new type of e-commerce,wechat-business is not clear because of the legal provisions.In practice,the judicial and administrative departments also define the legal relationship between the two parties.Although the wechat-business transaction has many differences from other trading methods,once the buyer's legal status is determined,the buyer should also enjoy the legal rights of the consumer,such as security rights,right to know,autonomy,and fairness.Trading rights,no right to return goods,access to compensation,etc.Just because of the particularity of the wechat-business transaction,it also causes consumers to have different physical transactions or traditional online shopping in terms of damage to equity.First,in terms of the right to know,the proliferation of fake goods or the existence of false propaganda cannot guarantee the authenticity of information.Second,in terms of fair trading rights,frequent product quality problems or various price chaos.Third,in terms of the right to return goods,some products may not even meet the quality standards.After settlement,it is difficult for consumers and operators to reach a return.Fourth,in terms of obtaining compensation,it is difficult to determine the facts due to insufficient evidence of electronic transactions,or the operator's cancellation of the account has not been able to clarify the defendant,which makes it difficult for consumers to achieve damages.Through the above performance of consumer rights damage,we can analyze that there are many internal factors to be solved in the whole dynamic process of wechat-business development and legal regulation.First,the formulation and implementation of relevant laws and regulations still need to be improved.The newly introduced E-Commerce Law needs to be further refined in terms of the exceptions to the registration of operators and the legal nature of social platforms.In addition,the Consumer Rights Protection Law currently only includes the trading platform providers into the scope of adjustment,and the social media network platform is still a place of extra-legal.Second,there is a lack of professional law enforcement teams.The law enforcement supervision teams of many local government departments do not match the development scale of wechat-business transactions in terms of quantity and professionalism.Third,there are still hidden dangers in market access.The operators of e-commerce need to be registered according to law,but the existing exceptions are vague,the actual operability is low,and the subject of qualification review is not clear.Fourth,the scope of responsibility of the social platform needs to be clarified.The existing law is aimed at the legal responsibility of the trading platform,while the social platform provides the social media service.In the wechat-business transaction,the legal responsibility of the social platform such as WeChat is not clearly defined.Therefore,there is a phenomenon of impaired consumer rights and various legal issues in development.According to the particularity of wechat-business transactions,some possible ways to protect consumer rights under the wechat-business model are proposed at the legislative,law enforcement,and judicial levels.For example,first,in view of the current development level of China's wechat-business,combined with the newly introduced E-commerce Law,the classification of the network platform in the E-commerce Law should be further refined.Differentiate between the trading platform and the social platform from the content provided by the platform.At the same time,according to the classification,different legal responsibilities are stipulated.According to the existing law,the online trading platform shall bear the civil liability for the first compensation and the right to recover afterwards,but the social platform shall bear the legal responsibility of being lighter than the trading platform.Second,in the Consumer Rights Protection Law,the new type of e-commerce is added,and the legal status of the consumer in the wechat-business transaction is clearly defined,thereby protecting its legal rights.Third,strict market access system.Further clarify the conditions and exceptions for operators in the E-Commerce Law,such as listing specific transaction quotas or product categories,or strengthening the preliminary review obligations of social platforms.Fourth,build a diversified dispute resolution mechanism.Strengthen the construction of specialized teams and publicize education to consumers,and give full play to the positive role of Internet courts in network-related cases.Learn from the relevant experience of the EU and improve the online dispute resolution mechanism.For example,in terms of laws and regulations,the dispute can be added online in the last paragraph of Article 39 of the Consumer Rights Protection Law;it can also refine the Article 63 of the E-commerce Law on the establishment of dispute resolution online solutions for e-commerce platform operators.Specific content.It can also improve the dispute resolution channels established by the social platform itself or improve the network platform that provides online dispute resolution services. |
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