Perfection Of Legislation On Protection Of Internet Consumers ' Rights And Interests

Consumer Rights Protection Law of the People's Republic of China,revised in 2013,stipulates for the first time the rights and interests of consumers on the Internet,such as returning goods for the seventh day without reason,protecting the privacy of consumers' personal information,and entering credit files into the credit files of black merchants.Consumers can claim compensation from the network platform for damages.China's Internet consumer rights and interests protection legislation has made great progress,but there are still legislative shortcomings.Such as the spread of false propaganda,the disclosure of personal information,and the difficulties of consumers return goods are not resolved from the legislative level,Internet consumer disputes continue to emerge,and the phenomenon of consumer rights and interests has not been effectively curbed.With the development of network technology,the current law cannot cope with the rapid development of the Internet economy and effectively protect the legitimate rights and interests of Internet consumers.Based on the legal background of consumer rights and interests protection,this paper makes use of the methods of literature analysis,comparative study and empirical analysis to sort out the evolution of the legislation on the protection of the rights and interests of Internet consumers in China,clarify the concept of Internet consumers and their rights and interests.By analyzing the characteristics of Internet consumers' rights and interests and the impact of the Internet on consumer rights and interests protection,this paper summarizes the problems existing in China's Internet consumers' right to know,the right to privacy,the right to regret,and so on.This paper points out the shortcomings of the legislation of Internet consumer rights protection in China.By studying the legislative experience of consumer rights and interests protection in America,Germany and Japan abroad;finally,combining with existence this paper puts forward some suggestions on how to perfect the system of Internet consumers' right to know,privacy and repentance from the legislative level.The article is composed of five parts:The first part is the introduction.The contents include the background and significance of the thesis,the review of domestic and foreign literature(legislation),the research methods used in this paper,Innovation and deficiency.The second part is the Internet consumer rights and interests protection overview.By combing the legislative evolution of Internet consumer rights protection in China,this paper clarifies the concept of Internet consumers,and analyzes the characteristics and effects of internet consumers' rights and interests.The third part is the lack of legislation on the protection of Internet consumers' rights and interests.It includes the lack of information disclosure obligation of the operator,the lack of the information disclosure way of the operator,the low illegal cost of the operator violating the consumer's right to know,the lack of the relevant personal information protection law in our country,the imperfect provisions of personal information protection in the existing law;Consumers exercise the right of regret from the date of calculation is not clear;consumers exercise the right of regret is too short;the law excludes the application of 7th,no reason to return the commodity range is not clear.The fourth part is the reference of foreign legislation on Internet consumer rights and interests protection,focuses on the legislation of Internet consumers ' right to know,privacy and remorse protection in three countries in the United States,Germany and Japan.The fifth part is the suggestion to perfect the legislation of the protection of the rights and interests of the Internet consumers in our country,including perfecting the obligation of information disclosure of the operators,improving the way of information disclosure of the operators,improving the illegal cost of the infringement of the right to know,speeding up the legislation of personal information protection,and perfecting the protection clauses of the personal information related to the law of the Consumer Rights and interests Protection Law,and clearly defining the 7 day.The starting date of the right to regret is to extend the duration of the right to regret,and further clarify the range of the applicable commodity.