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Abstract

Trading network, a few years ago, so the majority of Internet users feel as highbrow distant things, has now become an important activity for many people use the network. With this information network information and network technology development, network transactions worldwide save money save time and effort consumption has captured the hearts of a generation. However, as one of the main contents of the e-commerce network transactions like a \In the network this virtual environment, consumers seem to be in a more vulnerable position. Product quality, security of transactions, how to protect consumers' right to information and privacy, as well as Internet service providers responsibilities identified and commitment, has become the focus of attention. For the above reasons, the author of several problems on the network transaction process with the basic rights of consumers, analysis and discussion, learn from the international organizations and the relevant legislation of some developed countries put forward their own legislative proposals on how to solve these problems. The paper is divided into four chapters: Chapter I start from the concept of e-commerce and online transactions, defining the relationship between the two, that network transactions is just an important part of e-commerce, it is not equal to e-commerce. And specified, discussed in this article B2C and C2C e-commerce model includes only these two, without including B2B and B2G. Next on traditional consumer to compare with this way of network transactions, compared with traditional trading network transactions particularity embodied in the following aspects: First, the complexity of network transactions subject of; Second, network transactions consumption by the scope of the change; Third, the expansion of the content and scope of the network the interests of consumers. The second chapter on some of the major problems faced by consumers in the network transaction-depth discussion of the analysis. Mainly include the following aspects: First, the existing laws and regulations have the consumer's right to know in network transactions can not be adequate protection, the global online trading, increase the uncertainty of the transaction subject to virtual sex, the complexity of the Internet technology also opens the door to online fraud. Second, the protection of the privacy of the network is never mentioned in the traditional interests of consumers, why you want to protect consumer privacy in network transactions and how to protect, have presented serious challenges to the existing law. Third, the network of consumer contracts there is a large number of violations of the legitimate rights and interests of consumers in the form of a standard terms. Due to the lack of existing legal provisions of the terms of the network format, all of them in the event of a dispute under the standard terms perfectly valid feel a lack of confidence, largely limiting their enthusiasm for online shopping and enthusiasm. Online transactions safe e-commerce, we are most concerned about the topic, but the current situation of our country is worrying: computer virus damage, hacker invasion and internal personnel committing the crime so that the sensitive data in the network may be leakage, eavesdropping, forgery or tampering; denial of service attacks, the industry deny that at any time this happens, the network may even experience paralysis. Although our country is to develop some of the relevant regulations, but due to poor operability, so that these issues can not be effectively resolved. Chapter around the network transaction involves the consumer's right to information, privacy, security of transactions, the standard terms and confirmation of responsibility and commitment to several areas of the United States, the European Union, the Economic Cooperation and Development (OECD), and the WTO ( WTO) achievements and experience in the e-commerce legislation discussed our good guidance and reference for future legislation in related fields. Chapter IV presents some specific suggestions to improve the consumer protection network transactions. Mainly includes three sections: section proposed specific legislation of our country mode: can be modeled on the United Nations Model Law on Electronic Commerce, to develop a framework and regulations, and do not need to deal with specific problems, for specific issues emerging resolved by amendment and supplement of the laws previously in force, does not require new legislation, just introduced some judicial interpretation can. The above approach can not solve, can be solved through the development of a single law. Section II four aspects of the consumer's right to information from the network, privacy, terms of format and transaction security were put forward legislative proposals. Section III on the confirmation of responsibility and commitment of network service providers to make their own specific proposals. Due to the complexity of the network trading in the main, and the existing laws and regulations and not an important participant in the transaction the rights and obligations of the provider of the main network to be the subject, which makes the confirmation of responsibility and commitment to become a very critical issue, if on these problems did not improve from a legal perspective, compared to traditional transactions, consumers face greater trading risks, and must ultimately hinder the development of e-commerce.

Network transactions and consumer protection

Abstract

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