Research On Legal Issues Of Judicial Protection Of Consumers' Rights And Interests In Online Shopping Of Food In My Country

The high popularity of network in China has brought about the rapid development of online shopping market.On the day of the "double 11" in 2019,the total turnover of Alibaba tmall reached 268.4 billion,which is another record high.With the development of China's online shopping market,online food gradually infiltrates into the daily life of consumers and develops rapidly.However,there are more and more problems in online food consumption,which are more and more shocking.There are many problems in online shopping,such as difficult to ensure food safety,serious fraud,nonstandard product labels,and huge hidden dangers in logistics.The legitimate rights and interests of online shopping food consumers in China,such as the right to life and health,the right to know,and the right to fair trade,are seriously threatened.At present,the current situation of judicial protection of the rights and interests of online food consumers in China is that there are many disputes but few prosecutions,most of the legal relationships are simple,the cases are closed by mediation and withdrawal,damages are demanded,and the effectiveness of the online inspection and control execution system is remarkable.However,there are many problems in the protection of the rights and interests of online food consumers in the traditional judicial protection mode: there are conflicts between the perishability of food and the traditional trial system;there are conflicts between the small amount of online food litigation object and the high cost of traditional litigation;there are conflicts between the professionalism of online food cases and the traditional trial mode;there are conflicts between the cross domain,convenience and traditional enforcement of online food cases There is a conflict in the row mode.There are many legal problems in the judicial protection of the rights and interests of online food consumers in China.Such a problem is actually a global one.Not only in China,but also all over the world.Especially in the western developed countries,they have problems earlier than in China,and they have also carried out decades of research on this,and have gained a lot of advanced experience.China can make a comparative analysis of these advanced experiences and learn from them according to its actual situation.Canada has established a nationwide video system,Britain has established an "online court",and the United States has effectively applied blockchain technology in litigation.China's Internet courts also have many successful practices,such as the early practice of QQ court,video court system,wechat court,Hangzhou Internet court and so on.Therefore,we need to improve the Internet court mode of online food consumers' rights and interests.In terms of saving litigation time,we should adopt a diversified trial mode of "one system" cases.Specifically,it is necessary to adopt the system of pre mediation and issuance of mediation documents,"one system" network process and docking with the platform.In terms of reducing the litigation cost of online food purchase,we need to reform the Internet court mode,including reforming the charging system of online food purchase Internet litigation,adopting the system of automatically generating legal documents,using the mode of combination of online trial and asynchronous trial,holding hands with law enforcement departments and pushing out insurance to solve the problem of food detection.In terms of solving the professional problems in online food purchase litigation,we need to cooperate with multiple departments to implement the "expert witness" system,enhance the professionalism of judges in order to create trial rules,adopt blockchain evidence storage mode to enhance the power of proof of online food purchase electronic evidence,and formulate a complete set of format terms.In terms of execution,smart contracts and "5G + blockchain" functions should be adopted to improve the execution of Internet courts.The study of the judicial protection of online food consumers in China provides a theoretical basis for improving the traditional judicial protection mode,safeguarding the life and health of consumers and other legitimate rights and interests,and also has an important theoretical significance for improving the economic legal system and the entire legal system of China.