Research On The Legal Issues Of Consumer Rights Protection In Overseas Purchasing

The rapid development of electronic information technology not only promotes the rapid development of e-commerce economy,but also promotes the birth of many new industries,such as online overseas purchasing is one of them.As a new mode of consumption,overseas purchasing has been welcomed by the masses,especially the young people,and quickly integrated into People’s Daily life.But this way of shopping brings great convenience to people at the same time,there are also many legal risks.On the one hand,because overseas purchasing is transnational and involves multiple family members,on the other hand,because this kind of transaction is often carried out through the network,it has the virtual nature.As a result,the information between the buyer and the seller is not equal,the purchasing agent produces and sells counterfeit goods,and the rights and interests of consumers are difficult to safeguard.In terms of legislation,there is a lack of relevant legislation on overseas purchasing in China at present,which makes it difficult to adjust the existing illegal acts and to deal with the disputes between consumers and purchasing agents.Based on this background,this thesis,starting from the domestic and foreign legal systems,puts forward suggestions for improving the legislation on the protection of consumer rights and interests in China in view of the many problems and specific manifestations brought about by overseas purchasing agents.Specifically,the main content of this thesis includes the following four parts:The first part mainly introduces the related concepts,characteristics and classification of online overseas purchasing from the theoretical aspect.Through the virtual nature of the transaction and the transnational nature of the subject,it can be concluded that the online overseas purchasing agency itself has a complex legal relationship,and the classification of online purchasing agency and the different subject will also affect the rights of consumers,which lays a foundation for the detailed discussion below.The second part analyzes the specific rights and interests of consumers in overseas daigou from the legislation.The consumers’ rights such as the right of fair transaction and the right of security are easily infringed in overseas daigou.This thesis further analyzes the current situation of daigou.The third part is to analyze the existing problems in online overseas purchasing according to the current legal norms in China.Due to the lag of legislation,there is a lack of supervision,and it is difficult for consumers to get relief.Therefore,it focuses on the analysis and reference of the relevant legislation in the field of e-commerce in the United States and the European Union,so as to further improve the legislation of online overseas purchasing in China on this basis.The fourth part is a summary of the problems existing in our country and the specific manifestations of consumer infringement,and it is clear that the rights of consumers should be protected through legislation.On the one hand,on the relief of rights and interests,it is necessary to effectively protect the consumers’ right of driving back,establish a favorable jurisdiction system for consumers,and perfect the network dispute resolution mechanism;On the other hand,in terms of administrative supervision,we can further regulate the behavior of daigou through the construction of the access mechanism of online overseas daigou market,and protect the legitimate rights and interests of consumers through the establishment of information disclosure system.