Research On The Protection Of Consumer Right And Interests In Overseas Purchasing Agency

With the development of socialist market and electronic commerce overseas purchasing agency is becoming more and more popular.Overseas purchasing agency depended on third-party network platforms has greatly satisfied the needs of domestic consumers.However,the domestic legal regulation of overseas purchasing agency is not compatible with the development of the overseas purchasing market.The rights of consumers in overseas purchasing agency have not been fully protected.Because consumers are in a relatively weak position in overseas purchasing transactions,their basic rights suffered varying degrees.Insufficient information obtained by consumers and deliberate legal circumvention by the operators have further aggravated the physical rights of consumers.In the event of a dispute,consumers also have many obstacles in the process of rights protection.Exploring how to protect consumer rights in overseas purchasing is a prerequisite for promoting the healthy development of overseas purchasing industry and protecting the legitimate rights and interests of consumers.The first part summarizes the consumer rights in overseas purchasing and classifies overseas purchasing.The overseas purchasing under C2C mode is subdivided into spot purchasing and non-stock purchasing,and the legal relationship between the two overseas purchasing is defined.The buyer and the purchaser in the spot purchase are the contract of sale and purchase,and the non-stock purchase includes the commission relationship,which is an overseas purchase in a strict sense.This part analyzes the problem of consumer rights violations based on the above classification.The second part discusses the problem of the violation of the rights of consumer entities in overseas purchasing from the two aspects of purpose rights and means rights.Means of rights include the right to know,the right to withdraw and the right to claim compensation.Purpose rights include security rights and fair trade rights.Due to the virtual nature of the transaction,the purchaser controls the consumer information and the lack of after-sales service,resulting in consumer safety rights and the right to know are infringed to varying degrees.The problem of the violation of the fair trading rights of consumers is reflected in the problem of purchasing commodity fraud and the choice of commodity sources.The network format contract and the responsible party are not clear,which causes the infringement of the consumer's right of withdrawal and claim.The third part explores the violation of consumer rights.The right to defend rights must first face the issue of jurisdiction.According to the different types of litigation objects selected by consumers,the determination of jurisdiction also differs.In overseas purchasing,consumers still have difficulties in obtaining evidence,and the awareness of consumers' evidence and the standard of proof of evidence play a key role in consumers'claims of rights.Finally,due to the characteristics of overseas purchasing and multi-party,when the rights of consumers are violated,the responsible subjects are not limited to purchasers,overseas merchants,network platforms and logistics companies.The fourth part combines the problems analyzed in the first two parts and their causes,and proposes corresponding improvement suggestions from both the realization and remedy of rights.Improvements in the realization of rights include strengthening administrative supervision,regulating network format contracts,and clarifying the responsibilities of third-party online trading platforms.Remedy of rights improvements include establishing jurisdictional rules that are conducive to consumers,clarifying the distribution of burden of proof,and establishing online dispute resolution mechanisms.The improvement of both realization and remedy can better protect the legitimate rights and interests of consumers and promote the overall coordinated development of the overseas purchasing industry.