Legal Research On Consumer Rights Protection Of Cross-borser E-commerce In Our Country

Cross-border e-commerce consumption is an important driving factor for the development of e-commerce in recent years,and it is also an important part of the rapid development of e-commerce.Cross-border e-commerce consumption has higher consumption risks than domestic e-commerce consumption,and crossborder e-commerce consumer rights protection also faces greater challenges.By understanding the development process of cross-border e-commerce,this article analyzes the main problems of cross-border e-commerce and makes recommendations based on cross-border e-commerce policies and laws.The article is divided into five chapters.The first chapter is the interpretation of the concept of cross-border e-commerce.By understanding the main participants of cross-border e-commerce,they have a basic understanding of cross-border ecommerce consumption.The second chapter is to interpret the current legislation and policies of cross-border e-commerce and analyze the legislative policies.The third chapter is to analyze the chaos in the protection of the rights and interests of cross-border e-commerce consumers in China,and to analyze the reasons for the difficulty of cross-border e-commerce consumer rights protection;the fourth chapter is to learn from overseas cross-border The experience of e-commerce development combined with China’s cross-border consumer practice to promote strengths and avoid weaknesses;Chapter 5 is not to deal with the predicament of protecting consumers’ rights and interests in cross-border e-commerce,from the perspective of legislation,policies,cross-border e-commerce platform management,and government perspectives.After comparative and empirical research on cross-border consumer policies and laws,we believe that the following issues exist in the protection of crossborder e-commerce consumers’ rights: First,the existing laws and policies have deficiencies in the provisions of cross-border e-commerce consumer rights.In terms of legislation,the "E-commerce Law" stipulates that the priority compensation mechanism is underdeveloped and that the legitimate rights and interests of cross-border e-commerce consumers cannot be promptly remedied.In terms of policy,the principle of self-responsibility is not conducive to the realization of the right of claims of cross-border e-commerce consumers.In addition,the above policies and regulations conflict with legal regulations and affect the construction of the cross-border e-commerce business environment.Second,in judicial aspects,cross-border e-commerce infringement disputes lack practical fulfillment of the responsible body in the country.In addition,the implementation of the policy of buyer’s self-responsibility has led to the Crossborder e-commerce platforms do not strictly manage cross-border e-commerce companies and listed cross-border products.Cross-border product standards developed by cross-border e-commerce platforms are relatively low.Online standards and Differences in offline standards lead to opportunities for crossborder products.In addition,a large number of compliance agreements have appeared on cross-border e-commerce platforms,restricting the protection of cross-border e-commerce consumers’ rights.Fourth,cross-border e-commerce products have no quality assurance,and violations of the legitimate rights and interests of cross-border e-commerce consumers are common.The gray customs clearance of product categories that are falsely reported is serious,and direct mail entry products enter the domestic market without inspection and quarantine,resulting in a large quality risk of cross-border e-commerce products.According to the problems in China’s cross-border consumption,the following suggestions are put forward: First,improve the legislation of cross-border e-commerce consumption.Expand the legal application of the priority compensation mechanism to ensure that cross-border e-commerce consumers get effective relief in a timely manner.Second,delete the buyer’s own policy provisions and implement the seller’s responsibility regulations for cross-border transactions.Resolve the problem of lack of responsible subjects in cross-border disputes through the methods agreed by laws,policies and regulations,and crossborder e-commerce platforms.Third,strengthen the security obligations of crossborder e-commerce platforms.In order to ensure the safety of cross-border consumption,it is recommended that the cross-border e-commerce platform check the quality and safety of cross-border e-commerce products on its own,and at the same time,sign restrictive clauses with cross-border e-commerce enterprises to regulate the illegal behavior of cross-border e-commerce enterprises,and build a safe cross-border E-commerce environment;Fourth,encourage the government to build a credit risk random inspection mechanism.On the one hand,through the publication of cross-border consumption information,consumers’ awareness of cross-border consumption safety is improved.On the other hand,the government can prevent high-risk cross-border e-commerce products from focusing on inspection and quarantine to prevent problematic products from flowing into the domestic market.