Some experts say that the network purchase dispute is the lack of legal standards for the development of electricity business

CCTV recently released the "3 15 Consumer complaints list" shows that the number of complaints in the top ten of the consumer field or industry, online shopping top. At the same time, the China Electronic Commerce Research Center released the "2011 China E-commerce Market Data Monitoring Report" showed that last year, "China's e-commerce complaints and rights public service platform" received e-commerce complaints about 100,000 cases, including online shopping complaints accounted for the total number of complaints 52%. In this respect, experts pointed out that the root of the network purchase dispute is the development of e-commerce lack of the corresponding legal norms of industry supervision.

According to the Ministry of Commerce Statistics, 2011 China's E-commerce transactions in the scale of nearly 6 trillion yuan, the share of GDP has risen to 13%, of which, the total network of retail sales over 750 billion yuan. March 5, Premier Wen Jiabao in the "Government work report" again, the positive development of online shopping and other new consumption patterns, further affirmed the status of E-commerce in the development of national economy.

Despite its pivotal position, there are still many problems in the direction of E-commerce policy and regulations. Take 2010 years as an example, the national ministries and places around the relevant provisions of E-commerce, E-commerce Enterprises will face some of the new policy measures to affect the fate of the basic. These measures and regulations are either fragmented content, or lack of industry depth, or even some is a broad-brush administrative thinking, in the enterprise at a loss, but also hinder the healthy development of E-commerce.

Online shopping complaints four focus

Propaganda is not consistent with reality some operators in the publicity to exaggerate the product's advantages, performance, effectiveness, with the help of non-real pictures, fictitious transactions or transaction evaluation and other misleading consumers. such as Mr. Cao for children to buy a network of 268 yuan "intelligent Dialogue hi Sheep Toys", after the goods found in the color, texture, workmanship and pictures are very different, and there is no propaganda singing and dancing function, obviously deceived.

Uneven product quality Internet Sales mode is different from face-to-face sales, consumers can not see the quality of goods on the ground, must receive goods to know. Individual operators to sell goods, packaging, physical, manual three content, functional introduction and product is not practical, some operators even illegal sales "No product name, no production enterprises, no site" of "three without" products.

A dispute over the delivery of goods the Internet sales involved manufacturers, distributors, delivery units, consumers and many other links. Consumers order goods, the supply is not followed by the delay in receiving remittances, but also found that the relevant responsible person, the first payment after inspection found defective goods or goods on board, dealers prevarication responsibility and so on, often lead to online purchase complaints. As soon as recently, Ms. Chen bought a brand mobile phone, the agreement prior to the payment of goods. However, merchants through express delivery to the goods, courier requirements to pay before the inspection, helpless under her contact with the merchant, the other side also let her first to the goods, Ms. Chen can only compromise, opened but found to be a model machine, and no invoices, and then contact the merchant, the other side said the goods are not sent by it, so that Ms. Chen difficult to accept.

After-sales service can not guarantee the Internet sales involved a wide range of consumers throughout the country. In the purchase of goods quality problems, often only through the telephone contact business solutions. Although the relevant sales company has after-sales service department, but for the legitimate demands of consumers often do not respond positively, to take delaying, evasive tactics, some businesses even refused to fulfill their commitments, resulting in "no reason to return the goods"

and other service pledges become empty talk. Meanwhile, in the internet sales process, consumer and business information is often asymmetric, the right to know is very limited, coupled with the self-protection awareness is mostly weak, once the business hidden real name, business address and other information for sale, or business and invoicing inconsistent, after the consumer disputes, the responsibility of the subject is often difficult to query, confirm Consumers ' rights are not guaranteed.

Three difficulties in internet shopping

Lack of supervision in traditional sense of consumer behavior is always under the supervision of the administrative department, and the virtual network of traditional supervision way to put forward a great challenge, most consumers "can't find people", and virtual shop unlicensed, forensics difficult. Industry insiders pointed out that "consumers if the purchase of other cities are not satisfied with the goods, to complain, we must find local business sector, so that the problems arising from the off-site connection to the rights to bring a certain degree of difficulty." In addition, businessmen, manufacturers of specific address difficult to determine, many online businesses do not even have a fixed physical store, nor apply for a business license, leading to the business sector in the process of receiving complaints, often find no stores, consultations and other issues can not talk about. ”

Legal blank at present, no matter is the contract law, the consumer protection law, or "three packs" and other regulations, do not have a clear online shopping behavior. Although the State Administration for Industry and Commerce announced on May 31, 2010, "Network Commodity Transactions and Related Services Act management interim measures", but there is still a legislative gap. As in the second half of last year, the high peer net sale fake Day shuttle event caused widespread concern in the industry. The attitude of high peer network was once more tough, when the trade and Industry Bureau intervened, only promised a full refund, and make corresponding compensation. Although this matter temporarily has the argument, but regarding this kind of event, the consumer how truly advocates, how according to the laws and regulations to the related responsible person punishes, is not clear at present.

The protection of the rights of the network purchase complaints than the general shopping complex, such as buyers for the quality of goods required sellers return, not only to bear their own freight, and often encounter the seller's "cold treatment." In addition, when the business and consumer disputes, the latter due to insufficient evidence, and so on, often in the weak, resulting in no door complaints, rights invalid.

Online shopping environment Improvement

In the online shopping complaints surge, online shopping rights also encountered many bottlenecks in the current situation, some network shopping platform has also started to create a good online shopping environment. If a group purchase site last year, "Expired return", in the year before March 31, all the balance of all expired orders returned to consumers, the total reached more than 10 million yuan. For a time, "expired on the back" caused by domestic group buying sites have followed up. In addition, the group purchase site also launched a "7 days without consumption, unconditional refund", "consumption is not satisfied, the United States Group on a single" and "overdue consumption, a key refund" and so on a set of "buy worry-free" service system.

For example, for fake and inferior commodities, Taobao has set up a sound intellectual property protection system to promote the healthy development of the online shopping market. According to its recent release of the "2011 Annual Protection Data" show that last year, Taobao dealt with 63.2 million of infringing merchandise information, which received complaints processing volume of merchandise information for more than 8.7 million, Taobao initiative through special crackdown, mysterious purchase and other ways to deal with more than 54 million, Penalties for more than 700,000 members. Last year, Taobao will also be responsible for IPR infringement management work of human resources planning for the rights to deal with, intellectual property cooperation, commodity quality control 3 teams, intellectual property protection system has more than 2000 Professional maintenance.

Discussion on the legislation of net purchase

E-commerce filed a large number of complaints, the root cause of the development of the electrical business is lack of the corresponding legal norms of industry supervision, electric business enterprises on the user's shopping experience not enough attention. At present, the two sessions, the issue of online shopping legislation has also aroused the attention of many members and representatives.

National People's Congress deputies, Quzhou NPC deputy director Wang Huifang: to guide the development of E-commerce, the need to speed up the legal construction of electronic business integrity. In the early stage of the industry development, mainly rely on enterprises to promote the development of spontaneous norms, but to further improve the integrity system, the need for a sound legal construction guarantee. Through law making, strengthening supervision and other methods, not only improve the main body to participate in e-commerce activities of confidence, but also conducive to the all-round development of E-commerce. It is suggested that the relevant departments should formulate new laws and regulations according to the characteristics of E-commerce environment and transaction, make clear the scope and form of credit, guarantee the realization of good faith transactions and protect the interests of all parties. In addition, in the process of law enforcement, the establishment of a breach of faith punishment mechanism, the subject of bad credit records to punish, increase the cost of dishonest behavior.

CPPCC member, Zhigong Central, deputy dean of China Electronic Information Industry Development Research Institute XU Xiaolan: recommends the national adult to start as soon as possible the enactment "The Electronic Commerce Promotion Law", as our country develops the electronic commerce the fundamental Dafa, unity, solves the long ruling, the co-ordination present situation, Promote E-commerce and the national economy faster and better development. In the process of enacting this law, we should take "the status of e-commerce in the development of national economy", "the relationship between government management department and civil subject of electronic commerce" fully consideration, supervision and law enforcement should be transparent.

National Committee of CPPCC members, Suning appliance (002024, Stock bar) Chairman Jindong: proposed the network transaction implementation "real-Name System", government departments for E-commerce transactions, credit, logistics, supply chain synergy, financing services, and other links, to formulate a number of regulatory norms and standards, to promote the real identity online transactions, and save transaction information.