网购消费者知情权问题研究
发布时间：2018-07-26 07:10
【摘要】：信息技术的不断进步,网络购物方式迅速的发展,以淘宝,一号店等为代表的网上购物平台给人们的购物方式带来了极大的方便,消费者足不出户便可购买到自己喜欢的商品。但是网购消费者只能通过经营者的文字以及图片说明了解商品,不能事先判断商品的优劣,只能在支付价款收到货物后才能检查商品的质量状况。因此,网购消费者的知情权较传统购物的消费者更容易受到侵害。 国家制定《消费者权益保护法》的目的是保护消费环境的安全、保障经营者与消费者的公平交易,能够给消费者带来消费福利。目前还未有针对网络消费这一特殊交易环境的专门法律,而网络消费又不同于传统消费。面对复杂的网络环境如何保障网络消费者的知情权是困扰着我们的难题。本文仅从民商法的角度,运用理论分析的方法,对网购消费者知情权的几个问题进行探讨,本文正文共分为五章。 第一章阐述网购消费者知情权。从网购的概念和特征以及网购消费者知情权的概念和网购消费者知情权的特殊保护出发,先从网购以及网购消费者知情权的基础问题进行了解,为下文的研究奠定基础。 第二章阐述侵犯网购消费者知情的行为及产生的原因。通过对侵犯网购消费者知情权的行为的分析,进而探究侵犯网购消费者知情的原因,即网购消费者与经营者之间的信息不对称；网购经营者信息披露义务的立法缺失以及行政监管的乏力三方面的原因。为下文进一步探究解决的办法奠定基础。 第三章阐述我国网购知情权保护的现状。该章探究我国在保护网购消费者知情的相关法律法规以及保护网购消费者知情权的主体,从这两个主要方面进行研究。 第四章阐述网购消费者知情权存在的问题。即网购消费者在维权时出现的举证困难；网购在线调解机制未发挥效力；诉讼管线制度不利于消费者维权等造成消费者维权的困难。 第五章阐述我国网购消费者知情权保护的完善。从举证原则,维权机制以及法律法规的完善的角度找到保护网购消费者知情权的措施。
[Abstract]:With the continuous progress of information technology and the rapid development of Internet shopping, the online shopping platform, represented by Taobao and No.1 store, has brought great convenience to people's shopping way, and consumers can buy their favorite goods without coming from their homes. But online shopping consumers can only understand the business through the characters and pictures of the operators. The quality of the goods can not be judged in advance, but the quality of the goods can only be checked after the payment is paid to the goods. Therefore, the right to know of the online shopping consumers is more vulnerable than the traditional shopper.
The purpose of the law of the state to protect the rights and interests of the consumer is to protect the safety of the consumer environment, to protect the fair trade between the operators and the consumers, to bring the consumer welfare. At present, there is no special law on the special transaction environment for the network consumption, but the network consumption is different from the traditional consumption. How to guarantee the right to know of the Internet consumers is a difficult problem for us. This paper, from the point of view of civil and commercial law, discusses several problems of the right to know of consumers in online shopping by means of theoretical analysis. The text is divided into five chapters.
The first chapter expounds the right to know of consumers in online shopping. Starting from the concept and characteristics of online shopping, the concept of the right to know in online shopping and the special protection of the right to know of online shopping consumers, we first understand the basic issues of online shopping and the right to know of consumers online, and lay the foundation for the following research.
The second chapter expounds the behavior and causes of the infringement of online shopping consumers. Through the analysis of the behavior of infringement on the right to know of online shopping consumers, the reasons for the infringement of the consumers' information are explored, that is, the information asymmetry between the consumers and the operators; the lack of legislation for the information disclosure obligation of the online shopping operators and the administrative supervision. There are three reasons for the weakness of the tube. It lays the foundation for further exploration of solutions.
The third chapter expounds the current situation of the protection of the right to know of online shopping in our country. This chapter explores the relevant laws and regulations in protecting the information of online shopping consumers and the main body of protecting the right to know of consumers in online shopping, and studies the two main aspects.
The fourth chapter expounds the problem of the consumer's right to know in online shopping. That is, it is difficult for online shopping consumers to raise evidence in the maintenance of rights; online purchase online mediation mechanism is not effective; litigation pipeline system is not conducive to consumers' rights to protect consumers' rights.
The fifth chapter expounds the perfection of the protection of the right to know in China's online shopping. From the point of view of the principle of proof, the mechanism of rights protection and the perfection of laws and regulations, the measures to protect the right to know of the consumers are found.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.8
本文编号：2145243
[Abstract]:With the continuous progress of information technology and the rapid development of Internet shopping, the online shopping platform, represented by Taobao and No.1 store, has brought great convenience to people's shopping way, and consumers can buy their favorite goods without coming from their homes. But online shopping consumers can only understand the business through the characters and pictures of the operators. The quality of the goods can not be judged in advance, but the quality of the goods can only be checked after the payment is paid to the goods. Therefore, the right to know of the online shopping consumers is more vulnerable than the traditional shopper.
The purpose of the law of the state to protect the rights and interests of the consumer is to protect the safety of the consumer environment, to protect the fair trade between the operators and the consumers, to bring the consumer welfare. At present, there is no special law on the special transaction environment for the network consumption, but the network consumption is different from the traditional consumption. How to guarantee the right to know of the Internet consumers is a difficult problem for us. This paper, from the point of view of civil and commercial law, discusses several problems of the right to know of consumers in online shopping by means of theoretical analysis. The text is divided into five chapters.
The first chapter expounds the right to know of consumers in online shopping. Starting from the concept and characteristics of online shopping, the concept of the right to know in online shopping and the special protection of the right to know of online shopping consumers, we first understand the basic issues of online shopping and the right to know of consumers online, and lay the foundation for the following research.
The second chapter expounds the behavior and causes of the infringement of online shopping consumers. Through the analysis of the behavior of infringement on the right to know of online shopping consumers, the reasons for the infringement of the consumers' information are explored, that is, the information asymmetry between the consumers and the operators; the lack of legislation for the information disclosure obligation of the online shopping operators and the administrative supervision. There are three reasons for the weakness of the tube. It lays the foundation for further exploration of solutions.
The third chapter expounds the current situation of the protection of the right to know of online shopping in our country. This chapter explores the relevant laws and regulations in protecting the information of online shopping consumers and the main body of protecting the right to know of consumers in online shopping, and studies the two main aspects.
The fourth chapter expounds the problem of the consumer's right to know in online shopping. That is, it is difficult for online shopping consumers to raise evidence in the maintenance of rights; online purchase online mediation mechanism is not effective; litigation pipeline system is not conducive to consumers' rights to protect consumers' rights.
The fifth chapter expounds the perfection of the protection of the right to know in China's online shopping. From the point of view of the principle of proof, the mechanism of rights protection and the perfection of laws and regulations, the measures to protect the right to know of the consumers are found.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.8
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