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On online shopping in the protection of consumers' right to know

Author: LiuTuoYa
Tutor: WangZiZheng
School: Dongbei University of Finance
Course: Economic Law
Keywords: Online shopping Consumers' right to know Protection
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 712
Quote: 1
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Abstract

In recent years, as China's rapid development of e-commerce, online shopping as a new consumption pattern in China showing a booming trend. Because of its convenient, low cost, comfort, etc., online shopping quickly get the majority of consumers of all ages. However, the network operators to provide consumers with false or incomplete information, false advertising, online fraud and other circumstances of the increasing spread, making the network consumers' right to be seriously violated. Consumers' right to know the original intention of setting up the system in a relatively weak position to protect the interests of consumers, and consumers grasp the real and sufficient information is correct consumers shopping prerequisite. If you do not grasp the goods or services of real information, it will cause the network difficult for consumers to make a correct assessment prior to purchase, and even lead to their own legitimate rights and interests are infringed. Therefore, the need to strengthen the network of shopping on the protection of consumers 'right to know, and the protection of consumers' right to online shopping also safeguard the legitimate interests of online consumers and the promotion of the entire network booming consumer economy has important significance. This paper uses case studies and comparative analysis, the focus of online shopping in the case of infringement of consumers' right to know and why, in the experience of other countries and China Taiwan's protection on the basis of experience, combined with China's actual situation, put forward in the protection of online shopping consumers 'right countermeasures proposed to improve the consumers' right to know our network protection mechanisms. Besides the introduction and conclusion, the total is divided into four parts. The first part is online shopping consumers' right to protect overview. First, the concept of online shopping has been clearly defined, and also describes the advantages of online shopping and its development. Secondly, introduces the concept of the consumer's right to know, the content and features of online shopping consumers' right to know. Finally, online shopping expounded the necessity to protect consumers' right to know. The second part is in violation of consumers' online shopping right circumstances and cause analysis. First, the use of comparative data and case studies on the way of online shopping in the case of infringement of consumers' right to information, including false information, false advertising, product information is incomplete. Secondly, the online shopping consumer right to know the reasons for violations of the analysis, focusing on the country for online shopping in the consumers' right to imperfections of law, including the network operator is not perfect information disclosure obligations and legal responsibilities online advertising absence of legislative, judicial and regulatory relief is difficult to perfect. Which, in the difficult context of judicial relief, including operator identification difficult, hard evidence and litigation costs are high; imperfections in the regulatory context, including government regulation is not in place, lack of social supervision and lack of self-discipline. In addition, consumers lack awareness of consumers in online shopping is also a violation of the right to know one of the reasons. The third part is foreign and China Taiwan legislation on the protection of consumers' right network. Mainly on the U.S. legislation and EU legislation on the protection of consumers' right network. Cited the United States, focusing on the \The European Union is from the contract language, identity, the sale price of goods or services, information about goods or services, information about complaints procedures and information about consumer rights or the right of withdrawal revocation information and other aspects of the service provider make provisions for information disclosure obligations. In addition, it introduces Germany, Japan, Taiwan and the legal protection of consumers' right to the network. The fourth part is to protect consumers' right to know online shopping countermeasures. This section drawing on the protection of foreign and China Taiwan based on experience, combined with China's actual situation, perfect for the network from the consumers' right protection laws, networking industry self-regulate, establish an online transaction integrity certification system, the establishment of incentive mechanism, strengthen the network Consumer awareness of self protection put forward five online shopping consumers 'right countermeasures to recommend consumers' right to improve our network protection mechanisms. Among them, the right to information for improving consumer protection for the network the legal aspects, the author from the network operators to improve the information disclosure obligations, improve the legal responsibility, improve the judicial relief and increased online advertising legislative point of view put forward.

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