网络消费者权益保护外文翻译

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1、On protection for consumer rights and interest in online shopping Abstract: More and more people start to go shopping through internet ,with the growth of shopping on internet platform, along with the change in habits and customs. However, the complaint on online shopping also have substantial incre

2、ased.As subject of online shopping,the rights and interests of netizens were concerned. This article discusses some of the nine consumer rights to explore the condition of consumer rights and interest in online shopping protection. Keywords: protection for consumer rights and interest right to know

3、claims Superintendence The market research report to network shopping in China on 2009 announced by CNNIC said that the amount of online shopping consumer in China had came up to 87.88 million by June , 2009, which had increase 24.59 million，with an annual growth rate of 7.7 percent.The professor in

4、dicate that, “as the growth of shopping on internet platform, along with the change in habits and customs, more and more people start to go shopping through internet. However, the complaint on online shopping also have substantial increased. A complaint date published by Chinese Consumer Association

5、 displayed that, online shopping were the leading consumer complaint last year.” 1As a subject of online shopping,the rights and interests of netizens were concerned. This article discusses about some of the nine consumer rights to explore the condition of consumer rights and interest in online shop

6、ping protection. 1.right to knowIn the traditional shopping environment, the realization of consumer right to know mailly through two ways, one is operator fulfill the inform obligation, the other is consumer consult and understand the reality of the goods or services initiative. Due to the fact tha

7、t consumer order goods via the web, thus ,they cant have the opportunity to check goods on the spot,or more to ask about the vendor, so, if the operator does not provide true complet information, consumers right to know would be difficult to realize.1.1 According to the survey and disclosured networ

8、k operator, irregularities basically have the following kinds: False information. Many operator providing false good information intentionally to cheat consumers.Such as exaggerated product function and efficacy, shoddy, false price, false service commitment, exaggerated product uses ramblingly ,etc

9、. Incomplete commodity information. Many onlin operators display commodities, intentionally or not, to provide consumers with incomplete information. Some common omissions information like product origin, the production date, shelf-life, validity, product inspection certificate, etc.False advertisin

10、g. Because internet advertising do not be restricted by time and geographical, with high transmission speed, less regulated constraint, it has become the businessman s essential tool of propaganda. Correspondingly, internet advertising has become the main basis of consumer shopping online.As a resul

11、t, many operators releasing false advertisements intentionally to misdirect consumer.Internet fraud and illegal pyramid. E-commerce transactions facilitate communication of trade, meanwhile,it make a possibility for some managers to release fraudulent services information and the fraudulent activity

12、. Such as some websites use software technology to “hijack” consumer forcibly accept expensive international long-distance telephone system secretly.Others take health products, employment opportunities as bait to establish a pyramid of illegal sales mode.1.2 Compared with abroad , the regulations o

13、f consumers right to know in China undoubtfully to be excessively simple,which cannot satisfy the need to the development of e-commerce. The years of practical experience abroad is worth to use for reference. That is to say, in the e-commerce environment,we shall pay more attention to the disclosure

14、 information obligation for operators ,based on the asymmetry on information and feature of no face-to-face and non-negotiable in the process of concluding contract. Only by ruling effective the operators informing obligation of the scope, way, time, etc, we can really satisfy consumers right to kno

15、w in online shopping, and set operators in a reasonable way to provide consumers with important information about the rights and interests timely,which providing consumers with reasonable opportunity to review the terms and the right to realize consumersright to know actually. On the fact that the s

16、imilar provisions havent come off, the court only can explain the comsumersright to know as an obligation to online operator, this obligation include:The imformation of operator identity.Any operator shall public his own identity, which is the foundation of trust to both side of transaction . Articl

17、e 8 of Consumers interest protection law states that comsumer have the right to know,depart from the truth condition of purchasing , using a commodity or receiving a service , as well as information such as the name of operators. The article 20 on the side of the obligation that the operators shall

18、public their true identities when engaged in business activities,states that business operator shall clearly indicates its true name and trade. The operator who leasing counters or venue shall clearly indicates its true name and trade. Obviously, the obligation to public ones real identity also appl

19、ied to the operator under the network environment.But only it is far from enough, because the consumers lack of real feelings to operators in the network environment, therefore they need more subject information,which facilitates contact with each other,so that they can trust the authenticity of the

20、 operator. Our legislation should rule clearly that network operators have the obligation to public the information as follows at least: (1) the identity of the operators, including legal name and trade name, which should reach the degree that consumers can identify the operator;(2) business place;

21、(3) the executive director and legal representative operator;(4) the operators registration place and number or license, which is a legal way to check operators identity,having a benefit of social supervision;(5) communication links , in order to facilitate consumer to consult operators about some u

22、ncertain items before or after trade, the operators shall provide valid swift and convenient communication mode. Considering the actual situation of online transactions, they shall provide E-mail or other electronic contact phone number, etc; (6) If the operators call themselves as autonomous organi

23、zation, operators association, the dispute resolution institution or other members of the entity, they need to explain the condition of related group to the consumers, and provide an easily understanding and proving methods.The information of commodity or service .Article 8 of Chinese Consumers inte

24、rest protection law states that a consumer shall have the right to know about the real condition of good or service they purchased and used. According to the different situations of commodities or services, a consumer have the right to ask an operator to provide commodities prices, origin, usage, pe

25、rformance, specifications and grades, ingredient, production date, expiration date, certificate of inspection, operation methods, after-sales service contents, specifications, expenses and other relevant circumstances. Article 18 states that operators shall guarantee that the commodity or service th

26、ey provided conform the safety demand both personally and financially.If the good or services may endanger the consumers both personally and financially, operators shall make real instructions and clear warning explaining and indicating the correct way to use a commodity or receiving a service ,as w

27、ell as the methods to prevent harm. The article 8 and 18 of Chinese Consumers interest protection law belong to the provision obout the information of commodity or service, therefore,this regulation also applies to the consumers under the environment of network completely.The information of trading

28、conditions.Positive law havent involved the question of the disclosure information of trading conditionss completely, because the basic principles of contract law is autonomy of will, which means the contents and conditions are consulted by the parties completely. However, trading conditions would b

29、ecome more complicated when internet applied to e-commerce. Under the network environment, almost all of the transaction procedures are designed by website operators. The transaction also belong to adhesion trade transactions (non-negotiations trade). The trading conditions determined entirely by on

30、line operator, on the other side ,consumers almost have no room for negotiation or changing. It go against the purpose that these trade conditions shall be fair , reasonable,legal,then make consumers understand these trade conditions and their consequences. Therefore, the publication of online tradi

31、ng conditions in the network trade has a vital significance.Because of this, the world attach importance to the question of the disclosure information of trading conditions on network environment. Considering international organizations and other countries and regionss relevant provisions, combined

32、with the actual transaction, the author thinks that, the law should rule operators obligation expressly to disclose the following information: (1) The project cost operator spending, charging from consumer or beared by consumer;(2)The way of delivery,the fee of goods or services;(3) The typf of paym

33、en and whether to open a transaction receipts ;(4)Payment limited, such as sales area, sales period or education are required to obtain an approval from guardian and other constraints;(5) the quantity of a commodity operator can provide;(6)The period of hesitation, to terminate or cancel the contrac

34、t, the condition toreturn or exchange, refund;(7) Quality assurance, warranty service and relevant after-sale service ;(8) Consumer dispute handling. The law rule the operators obligation to discloured information,and cleared the content of it ,but also ruled the standard of discloured information,

35、which meas that disclosure of information should be true, accurate and complete comprehension, obtainable.2. Right to claimArticle 6 of Chinese Consumers interest protection law clearly require consumers who damaged in the process of purchasing, using goods or services have the right to acquire comp

36、ensation according to law. In addition, in order to encourage consumers with weak economic position to seek compensation according to the law, the illegal operators shall provides punitive damages as a punishment. In the traditional consumption patterns, consumers who damaged personally or financial

37、ly can seek compensation directly from the operator. However, due to various factors in the network, consumer rights are being infringed upon and it was getting harder to get compensation in network transactions,.Evidence of infringement is difficult to grasp. On one hand, online operators rarely pr

38、ovide the corresponding certificates and shopping invoice unless consumers ask for it positively , once in the event of disputes, the operators often refuse to return, or even almost do not recognize its responsibilities. On the other hand, due to the technical characteristics of the network,some on

39、line operators opportunistically use of the vulnerability and the intangibility of the network information data . When operators find their infringement acts are in traced, they often use of information technology to destroy evidence of infringement to prevent discovery of consumers and controlling

40、authority. Tort liability is difficult to prove. Transaction online is not a simple act of sale and buy, it still involves a number of factors, including not only transaction parties, as well as trading platform service provider, and even logistics providers and other related factors. The damage to

41、consumers interest, is often not caused by one factor, but when these factors are mutual their own responsibility ,it increase the difficulty to prove the tort liability, and the realization of consumers s right to claim.Infringing party is difficult to confirm. As the networks conjecture , consumer

42、 and network operators never met each other, so as to that they do not know the specific identity information obout the other. On July 1th, 2010, SAIC published network behavior of commodity trading and related services Interim Measures, mainly rule the network operators ,network service products op

43、erators and online trading platform service providers obligations, as well as supervision and management of commodity trading and service network behavior. Based on this approach, a natural person who undertake commodity transaction through network ,should filing of an application to the network tra

44、ding platform service provider with their real identity information such as name and address,etc, which means that personal online shop will be implemented real name system principle. It would ensure the legitimacy of the operators and the confirmation of their identity to some degree. However, it c

45、an not be ignored that the jurisdiction of the courts and the application of the law are going to be a very difficult problem, due to regional or even international network of trading properties.3. SuperintendenceArticle 15 of Chinese Consumers interest protection law provides that, consumers have t

46、he right to supervise goods and services, the work of consumer rights protection. The content of supervision includes the prices of goods and services, quality, variety, origin, performance, size, grade expiry, compliance certification, service, after-sales service and so on. The object ofsupervisio

47、n includes producers, operators, consumer organizations, staff, law enforcement personnel.Currently there are three effective supervisory ways: government supervision, social supervision and oversight within the industry.3.1 Government oversight .Virtual trading platform has its own specialty, such

48、as buyers and sellers are often not in the same area, perhaps even in different country, etc, which brought consideration of difficulties to supervise and receive complaint , therefore, establish ing a unified nationwide network trading monitoring service platform become an urgency matter.This year

49、the Ministry of Commerce issued the on promoting the healthy development of online shopping guidance, which clearly states that we shoud protect the legitimate interests of consumers in online shopping, through the approach of that individuals who use of the network platform in business activities s

50、hall regist their real-name. And,it would apply the commercial registration system to internet sales on the conditions are ripe. 2On promoting the healthy development of online shopping guidance pointed out that the competent commercial departments at all levels would perfect service and management

51、system, perfect the laws and standards, improving trading environment, the system of cultivating market main body, broaden the network shopping areas, regulate transactions, promoting development, meet purchasing things network consumers need, and strive to reach to 5% of the total retail sales of c

52、onsumer goods in our society in the end of twelve-five period, with some areas whose development started earlier reach to 10%. On promoting the healthy development of online shopping guidance pave a way for the online shopping oversight. 3In 2009, the General Office of the Guangdong provincial gover

53、nment issued Guangdong Provincial Administration for Industry and the main duties of internal structure and staffing requirements of the notice that the Guangdong Provincial Administration for Industry and inside the main responsibilities of institutions should be reformed; the same time,it take Net

54、work behavior of commodity trading and related services4 into the business scope of responsibilities nationwidely for the first time. Guangdong Provincial Bureau of Market Regulation Trade and Industry Department will assume the work to regulate the market operation order commodity trading maintenan

55、ce ,organization administrative supervision of contract management; guide network behavior of commodity trading and related services, supervision and management. According to the latest functional requirements, the business sector will supersive about shop license, product quality, integrity managem

56、ent, return the system of regulation in the future, as well as the network market , transactions, services,act, than just stop at the level of rights for consumers.Chengdu Bureau of Commerce and Industry state news earlier this year that, the Bureau of information and network supervision and managem

57、ent of office is setting up, of whose important duty is to implement the supervision of network behavior of commodity trading and services, supersive activitive to the subject and related act engaged in the business of trading networks in Chengdu.However, the supervision of the business sector is fa

58、cing several difficulties. Firstly, network supervision laws and regulations is not perfect. Secondly, the contradiction on the local geographical limitations of e-commerce and Internet connectivity, interoperability, regional infinite contradictions, make it difficult to form a nationwide, universa

59、l binding. June 2008,Shanghai adopted Shanghai to promote e-business development requirements (draft) firstly, which has been challenged for the reason of the lack of practical operational. August 1th, 2008, the Beijing Municipal Bureau of Commerce and Industry official practice on the implementatio

60、n of the Beijing Information Promotion Regulations ”, strengthen supervision and management of the e-commerce. Though netizen take some objection to open network shop license shall be done , it has aroused a great social repercussions. On the other hand, conventional network monitoring tools face ch

61、allenges. Internet shopping is concluded through the Internet means goods and services transactions. Currently, the online sale of fake and shoddy products, which can not be viewed in kind or in the case of the field inspection to identify the network of information true or false, is very difficult

62、to do daily monitoring. For online shopping disputes, the parties to the transaction without a contract agreement, the case of purchase invoices under its investigation and evidence collection, handling consumer disputes is quite laborious to investigate violations of law. We must first clear the ma

63、in responsibility, but because of the virtual nature of online transactions, it is no longer that easy to clear the main responsibility as regular monitoring.Therefore, the business sector can actively participate in the formulation of laws and regulations, network monitoring, network speed up the d

64、evelopment of the specification process of investigating and handling cases of illegal.3.2 Social supervision.Government departments on the condition of the technology and insufficient human resources existed, can take good advantage of social groups with a certain authority and objectivity of the r

65、esources , including their technical, human and social trust in the performance of daily monitoring,finding that the case law sources, published consumer alerts provide policy support in terms of online shopping help government departments to strengthen supervision and common guidelines for network

66、market order. Business sector can try to take advantage of China Consumer Association, Internet Society of China and other forces of civil society to broaden the field of supervision of social organizations. Its extension to the network fraud, Network Marketing, Internet false advertising, and the establishment of resource sharing, in