Research On Legal Issues Of Protecting The Rights And Interests Of Online Overseas Purchasing Agents

With the development of the Internet,consumers’ shopping methods have become diversified,gradually shifting from physical store consumption to online consumption,extending from domestic to overseas.With the emergence of online overseas purchasing industry,purchasing agency has become a new industry,and more and more individuals have settled on e-commerce platforms.In online overseas purchasing,consumers are in a weak position,and they do not have a comprehensive understanding of the goods,which can only be understood through the advertisements and web pages issued by the operators.Operators provide goods with incomplete information,quality is not up to standard,counterfeit production and sales and fraud,the quality of goods can not be guaranteed.The lag of law,the unitary way of safeguarding rights,the difficulty of proving and the objection of jurisdiction make the process of safeguarding rights of consumers face many difficulties.With the rapid development of online overseas purchasing industry,the problem of impaired consumer rights and interests is becoming increasingly prominent.Problems such as the quality of overseas products failing to meet national standards,the concealment of product information by subcontractors and the failure of consumer compensation mechanisms are widespread,and the legitimate rights and interests of consumers are infringed.In this regard,it is extremely urgent to perfect the corresponding laws and regulations,balance the rights and obligations between the four parties and guarantee the rights of consumers under the online overseas purchasing.Therefore,this paper starts with the qualitative behavior of online overseas purchasing,clarifies the rights and obligations of the three parties in the transaction,and studies the protection of consumers’ rights and interests in online overseas purchasing.Contrast and analyze three online overseas purchasing cases,summarize four controversial points,compare the differences between traditional online shopping model and online overseas purchasing model,summarize their business models and characteristics,and classify them according to different business models.This paper focuses on the protection of consumers’ rights and interests in online overseas purchasing.Combined with the case,this paper analyzes the violation of consumers’ right of safety guarantee,right to know and right to claim,and the problems existing in the process of safeguarding consumers’ rights.By drawing lessons from foreign legislative and judicial experience and combining with China’s national conditions,this paper puts forward corresponding measures.In this way,we can solve the problem of different judgments in relevant cases in current judicial practice,balance the interests of the four parties in overseas purchasing transactions,and fully protect the rights and interests of all parties.This paper is mainly divided into three chapters:The first part is to introduce the facts of the three cases,combining the judgments of the three cases,the evidence provided by the original defendant,and the facts of the case identified by the court.The focus of the dispute is summarized: how to identify the legal relationship between consumers and non-spot agents,whether the commodities sold by operators infringe on consumers’ right to safety,whether the commodities sold by operators infringe on consumers’ right to know,and whether consumers can get compensation.The second part is the legal analysis based on the dispute focus mentioned above.First of all,the concept of online overseas purchasing is expounded,and the particularity of online purchasing compared to the traditional shopping mode is defined,so as to define the object to be studied in this paper.On the premise of analyzing the legal relationship between the subjects in the transaction,it expounds the rights and obligations of consumers,operators and network service platforms.Secondly,combined with the case,this paper analyzes the situation and causes of consumers’ right of security,right to know and right to claim being damaged in online overseas purchasing agency.Finally,it focuses on the analysis of the problems existing in the practice of consumer rights protection,and analyzes and discusses the dilemma of consumer rights protection.The third part mainly combines with the "e-commerce law" and "consumer protection law" and other relevant laws and regulations,as well as foreign legislative and judicial experience,to clarify the concept of online overseas purchasing consumers,strengthen the quality supervision of online overseas purchasing products,protect consumers’ right to safety,establish information disclosure system to protect consumers’ right to know,take the inverted burden of proof,and require online purchasing Network platform,operators and consumers jointly safeguard the normal exercise of overseas purchasing agency behavior,improve the online shopping transaction system,and improve the protection system of consumers’ rights and litigation rights.