A Study Of WeChat's Circle Of Friends In The View Of The Law On The Protection Of Consumers' Rights And Interests

WeChat is a free application for instant messaging service for smart terminals.WeChat's circle of friends is a social function of WeChat.WeChat's circle of friends refers to the consumer relationship established by the buyers and sellers relying on the function of the circle of friends in the mobile Internet social networking application WeChat platform.In recent years,with the development of network technology in China,WeChat's circle of friends is increasing.While the consumer protection law stipulates the principles of Internet transactions,it does not specify the transaction of WeChat's circle of friends.The law of the protection of consumers' rights and interests is difficult to apply to the law of the protection of the rights and interests of the WeChat.Therefore,it is necessary to study the related issues.This paper takes WeChat circle of friends transaction subject,behavior and responsibility as the object of study,using the research methods of comparative analysis,case analysis and comprehensive analysis,the integration of contradictions and conflicts of the existing normative legal documents,theoretical disputes and judicial practice to reflect,find the crux of the problem.Through combing and analyzing the extraterritorial law,it will provide useful reference and inspiration for improving the legal regulation of China's consumer rights and interests protection law,and put forward suggestions for improving legislation in the main body,behavior and responsibilities of WeChat friends circle.First of all,this paper studies the basic theory of WeChat's circle of friends.Through the analysis of the concept and characteristics of WeChat's circle of friends,it clarifies the difference from the traditional network transaction.And from the main body,the object,the content of the three elements of the WeChat circle trading of the nature of the analysis,points out between the buyer and the buyer is a consumer relationship.Secondly,from the two aspects of the definition of legal subjects and the identification of trading behavior,the conflicts and disputes in WeChat's circle of friends in legislation,theory and judicial practice are analyzed respectively.Then through the investigation of extraterritorial law,the relevant provisions of the typical countries are combed,and the research ideas and successful experiences that deserve our reference are summarized.Through comparative analysis,we can clearly define the definition and the nature of the behavior of WeChat friends circle buyers and sellers,so that they can be incorporated into the regulation of the consumer protection law.Finally,to investigate the legal responsibility of WeChat circle of friends trading,the liability for warranty and liability of punitive damages,based on the analysis of quality guarantee liability and punitive damages liability elements,establish and perfect the legal responsibility of WeChat circle of friends in the transaction,WeChat to further regulate the trading circle of friends.