Protection of Consumer Rights in Electronic Commer -

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Protection of Consumer Rights in Electronic Commerce

Abstract: As a new e-commerce market transactions, to bring people in convenient 、 rich information on consumer goods and services, but also increase the chance of damage to consumers, greatly infringed upon legitimate rights and interests of consumers. By Our analysis of the existing relevant laws and regulations, clear the area of consumer rights in electronic commerce and network service providers the obligation to establish the market access system and qualification system, strengthen self-discipline code of conduct, the establishment of a unified national online complaint center inversion of the burden of proof to establish the controversial deal with small consumer summary judicial proceedings, to further establish and improve the protection of e-commerce legal systems in the interests of consumers, for consumers to create a good environment for e-commerce transactions? smoked protect the legitimate interests of consumers . Keywords: Electronic commerce; consumer interests; protection one of consumer protection in electronic commerce and the legislative status quo meaning (a) the consumer e-commerce Protection of the significance of national economic and social e-commerce is an important component of information technology, the development of e-commerce is based on information to promote industrialization, the transformation of economic growth, improve quality and efficiency of national economy, taking a new road to industrialization, a major move of a comprehensive grand goal of building a moderately prosperous society of great significance. rapid development of e-commerce provides a new human commercial transactions method, which broke through time and space constraints, in the original market outside the establishment of a unique invisible market, consumers 、 enterprises and governments to establish more direct contact with more. E-commerce with its fast 、 easy 、 efficient 、 low cost 、 can be trading and other great advantage to win the favor of many businesses and consumers to become an irresistible trend. The emergence of electronic commerce, to bring more business opportunities, to provide consumers a more convenient and efficient consumption patterns, but also to the traditional commercial trade rules and laws and regulations constitute a powerful impact. in e-commerce transaction environment, due to virtual e-commerce, technology of 、 paperless (electronic) so that consumers are more disadvantaged or vulnerable status. According to National consumer organizations in recent years, complaints statistics, the complaints raised by e-commerce transactions, these years were 100%, even 200% of the rate of growth. With the rapid development of the socialist market economy, especially e-commerce The rapid development of electronic commerce in response to how to protect the interests of consumers be explored in order for consumers to create a good environment for e-commerce transactions to protect the legitimate interests of consumers, while also promoting a virtuous circle of e-commerce development. (b) e-commerce consumer protection legislation in the status of that e-commerce first the importance of consumer protection in the international framework and act as a leader in the development of economic co-operation and Development (OECD) Consumer Policy Committee. March 1997, OECD Committee on Consumer Policy at the point. in the 1998 OECD ministerial meeting, adopted the Declaration legislation is also earlier. In 2000, both houses of the United States through the general types of e-commerce activities. In 1997 the give consumers more rights, and promote networking and cross-border spending. EU consumer protection law revision will focus on coordination between the 27 EU member states e 、 international sales and the tourism industry to give consumers the right to more cross-border consumer . In our country, e-commerce legal protection of consumer rights laws and regulations related to the main Quality required the development of the urgent need for consumer protection. the reality of the development. has introduced the Web service specification and service class e-commerce sites have draft service specification, Guangdong Province, the consumer protection legislation has become a hot spot, we must establish and improve consumer protection in electronic commerce the basic legal framework to better protect the interests of consumers. Second, the establishment and improvement of e-commerce spending in China Some consumer protection system proposed (a) Improvement of existing consumer protection in our legal system provides the basic legal rules, but still inadequate, can not fully meet the reality of the rapid development of e-commerce. only nine have been insufficient to protect consumer rights, from legislation to further improve and expand the scope of the rights of consumers. 1. complete e-commerce consumer rights (1) the right to further improve the safety and security . In the traditional business model, the definition of the right of consumer safety is provided by the operator must ensure that the goods or service does not exist endanger the personal and property security flaws that could endanger the personal 、 property safety to consumers of goods and services should be make a true statement and a clear warning, and marked the proper use of products or services are accepted methods and ways to prevent potential damage. In e-business models, consumers have a wider security of the content, in addition to the above requirements, also requires network operators to provide a secure virtual environment and process transactions. (2) the further improvement of the right to know. in e-commerce, as consumers and operators through the data message for remote communication links, entirely in accordance with information provided by the operators to select and judge, therefore, the consumer's right to know even more important and should be in the obligations. (3) the further improvement of the right to fair trade. business transactions, not because of shopping space and special and arbitrary changes in prices or by fraudulent concealment of the true quality of goods and services. EC Consumer goods only to the online information to judge the appropriateness of cost-effective, due to information asymmetry easily lead to false information to deceive consumers occur by unfair trade. (4) of the claim further improved. in e-commerce, assume liability for breach of ways 、 bear the main responsibility for dealing with disputes and the applicable substantive law are becoming special and complex. e-commerce transactions require the completion of the participation of multiple entities,[link widoczny dla zalogowanych], network operators, ranging from breach of contract to provide goods or services, or operators of Internet service providers use the Internet connection services, publishing false advertising , to trick consumers into shopping, will harm the legitimate rights and interests of consumers, therefore, should further improve the consumer e-commerce claims. (5) confirmed the right of establishment. in e-commerce, many authors worried that their data message sent reaches the addressee's information system can not, therefore, requires the recipient upon receipt of data messages back to confirm the information. E-commerce transactions as a new form, and only gain the trust of consumers in order to truly vast market and development potential. Therefore, China's

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