Research On The Protection Of Consumer’ Rights And Interests In Cross-border E-commerce

Developing rapidly,cross-border e-commerce has already transformed the traditional consumption pattern,thus fully satisfying domestic consumers’ increasing demands for foreign products.With the popularity of e-commerce,the protection of consumer rights and interests in e-commerce crossing boundary has been paid more attention to,and the introduction of the Electronic Commerce Law has also made more attention to the protection of consumer rights and interests in e-commerce crossing boundary.Although China’s legal system is constantly developing and improving,there are still great shortcomings in the laws and regulations on the protection of consumers’ rights and interests in e-commerce crossing boundary.At the same time,compared with the traditional trade consumer’s rights and interests protection problem,the consumer’s rights and interests protection problem in e-commerce crossing boundary is facing new difficulties,so it is necessary to seek solutions to the consumer’s rights and interests protection problem in e-commerce crossing boundary.The main content of this paper is divided into four parts.The first part is an overview of cross-border e-commerce.After defining and exploring the concept and characteristics of cross-border e-commerce,the legal relationship among consumers,operators and e-commerce platforms in e-commerce crossing boundary is clarified and to our country legislation present situation carries on a simple elaboration.There are two criteria to define the concept of cross-border e-commerce: Firstly,the transaction subjects(operators and consumers)in cross-border e-commerce should cross the border;Secondly,the transaction subject matter in cross-border e-commerce should actually cross the border.Meanwhile,e-commerce crossing boundary has the characteristics of transnational,fictitious,complex and language problems,which are different from traditional trade.The second part is about the main legal issues of consumer rights protection in e-commerce crossing boundary,including the basic rights of consumers,cross-border electronic payment and cross-border dispute settlement.Among them,the basic rights of consumers are mainly analyzed from the perspectives of consumers’ right to know,right to privacy,right to fair dealing and right to regret.The problem of cross-border electronic payment is mainly analyzed from the aspects of unauthorized fund transfer and the management of customer’s reserve funds.The consumer dispute resolution problem is mainly analyzed from the perspective of jurisdiction and the traditional dispute resolution model can not adapt to the development needs.The third part is the legislative status and enlightenment of consumer rights protection in foreign cross-border e-commerce.The United States and the European Union have a perfect legislation experience,through to the United States and the European Union in cross-border e-commerce a consumer rights and interests protection legislation present situation investigation,to understand and learn the beneficial legislative experience abroad,from cross-border e-commerce consumer rights and interests protection Suggestions to perfect our enlightenment: establish and improve the consumers’ rights and interests protection system,strengthen international cooperation.The fourth part is improve and perfect our country cross-border electronic commerce consumer rights protection concrete suggestion and countermeasure.The first is to improve the protection of the basic rights of consumers,in view of the right to know,from improving the disclosure obligations of operators and strengthening supervision and other aspects put forward Suggestions;In view of the right to privacy,some Suggestions are put forward from the perspectives of legislation,clarify the scope of legal personal information.industry self-discipline and consumers’ awareness of prevention.In view of the right of fair dealing,the author attempts to list out some suggestions to refine the legislation of standard clauses.In view of the right to regret,some Suggestions are put forward from the perspective of perfecting the legal system and reducing the cost of returning goods.The second,to enhance the protection of the rights of e commerce crossing boundary of electronic payment buyers and to put forward Suggestions on establishing the responsibility handling mechanism for unauthorized payment transactions and improving the management mechanism for the provision of funds.Finally,it is necessary to establish a complete dispute resolution mechanism for the rights of cross-border e-commerce consumers,so as to resolve consumer rights and interests disputes under the new situation.