With the rapid development of social economy and the continuous improvement of people's living standards, it is obvious that the traditional shopping methods can not meet the basic requirements of people's daily shopping. As a brand-new shopping mode, online shopping mode not only solves the problem that people have no time to shop in physical stores, but also improves the effect of people's shopping, so it is more and more popular with consumers. As more and more consumers have gradually become accustomed to buying goods through the Internet, the online shopping mode has gradually become the mainstream form of people's daily life. However, in the process of online shopping, consumers' rights and interests are often violated, which increases the difficulty of consumer rights and interests protection. Therefore, when consumers shop online, they should reasonably use legal weapons to protect their legitimate rights and interests in the shopping process and promote the healthy and sustainable development of the online shopping industry.
1、 Problems faced by consumers in online shopping
（1） It is difficult to guarantee the right to know
In the process of shopping, consumers enjoy the right to know about the quality, category, function and other relevant information of goods, so as to make reasonable choices. Therefore, the authenticity of the goods described by merchants needs to be guaranteed. However, in fact, many merchants have problems in the description of goods, making it difficult for consumers to obtain the right to know. First of all, in the commodity information released by merchants, due to the unequal status and asymmetric information with consumers, some merchants will release false information, and the false advertising information will affect the judgment of consumers, thus making consumers buy unsatisfactory products. Secondly, online shopping may also encounter online fraud. In terms of commodity pricing, some operators first raise the price of commodities and then discount them. On the surface, they lower the price, but in fact, the price is artificially high. There are also large differences in the pricing process of the same commodities, which makes some consumers unable to obtain fair and reasonable prices. Finally, bad operators deliberately exaggerate the product attributes when selling goods. After an in-depth investigation, it was found that many merchants used the concept of commodities to conduct fraudulent marketing and maliciously deceive consumers when selling commodities. This kind of marketing activity based on concept speculation not only seriously infringed on consumers' right to know, but also played a role in enhancing the bewilderment of commodities, leading many consumers to buy relevant commodities without knowing the commodities.
（2） It is difficult to realize the right of fair trade
In online shopping, consumers and operators enjoy fair and reasonable rights in the process of transaction. However, it is difficult to achieve fair trade in actual transactions, mainly reflected in the following points. On the one hand, the use of format contracts refers to that operators make contracts in advance in the process of online commodity sales. Such contracts are displayed on the Internet in electronic form and cannot be modified. Consumers can only passively accept or do not choose. On the other hand, in the process of shopping, consumers have difficulties in returning or exchanging goods. After successful commodity trading, consumers can apply for returning or exchanging goods. In China's consumer rights and interests protection law, it is clearly stipulated that consumers have the right to return or exchange goods for seven days without reason. However, in actual operation, some operators deliberately delay, unreasonably refuse, and refuse to return for various reasons.
（3） Transaction security is threatened
In the process of online shopping, consumers enjoy the right that their property is not damaged in the process of enjoying shopping and receiving services. However, it backfired. In online shopping, consumers' own rights and interests are more vulnerable to damage. In order to make profits, some businesses disclose consumers' information without authorization, which will affect consumers' lives and work, and even endanger consumers' personal and property safety. In view of this situation, many lawless elements have taken the way of setting up phishing websites or trojans, using the accounts and passwords entered by consumers in the virtual web pages to steal the property of consumers, and ultimately causing consumers to suffer unnecessary losses.
（4） The right of claim cannot be effectively guaranteed
In the process of online shopping consumption, consumers will suffer personal and property damage due to price, quality and other reasons. Generally, the damage needs to be compensated to a certain extent, and the behaviors that infringe on the rights and interests will be punished to protect the rights and interests of consumers and maintain the market order. However, in online shopping, because it is difficult to determine the authenticity of the transaction subject, it is impossible to lock in the merchants, thus causing some operators to evade their responsibilities and damage the rights and interests of consumers without being punished, and the losses of consumers cannot be compensated.
2、 Suggestions on legal protection of consumers' rights and interests in online shopping
At present, there has been a "bottleneck" in the development of China's network economy. The main reason is that consumers worry that their legitimate rights and interests can not be protected, which restricts the development of the network economy. Therefore, the improvement of legal system and market is more and more important. If consumers lose trust in online shopping, this industry will eventually decline. Therefore, in online shopping, we should strengthen the protection of consumers' rights and interests, improve laws and regulations, protect consumers' rights and interests from the aspects of legislation and justice, and promote the continuous development of e-commerce in China.
（1） Legislative protection of consumers' rights and interests in online shopping
1. Revise and improve the consumer rights and interests protection law of China
In the online shopping, the transaction mode has changed greatly, which promotes the economic development. In combination with the current situation of online shopping and the protection of consumers' rights and interests in China, effective measures should be taken to make up for the inadequacy of the current laws through legislation, punish all kinds of infringements through laws, and make clear provisions for all kinds of situations and define the legal boundaries. In 2014, China revised the law on the protection of consumers' rights and interests, in which the issue of online consumption was more comprehensively revised. In the newly revised laws and regulations, the following provisions were made on the protection of consumers' rights and interests in online shopping: first, in Articles 24 and 25 of the law on the protection of consumers' rights and interests, consumers enjoy the right to return goods without reason for seven days in online shopping. Second, Article 44 of the consumer rights and interests protection law of China stipulates that the online trading platform has the responsibility of supervision and is also responsible for infringement. Third, Articles 29 and 56 of the law on the protection of consumers' rights and interests stipulate that consumers' information shall be protected to prevent information leakage. These laws and regulations related to online shopping have perfected China's consumer rights and interests protection law. In view of the current problems, we can start from the following points in the later revision of China's consumer rights and interests protection law. First of all, consumers' right to know should be constantly improved. Operators need to describe products and services truthfully and objectively, so that consumers and consumers can do a good job in information equivalence. Secondly, in online shopping, the right to fair trade should be constantly improved. Both parties should put forward their own requirements for the contract during the trading process, limit unfair contract terms, and explain the contract to consumers in the event of disputes between both parties. Finally, the safety law should be constantly improved. Operators should register their access and obtain real name certification when they enter the platform, so that they can find operators to solve problems in case of disputes.
2. Prudently introduce new laws
At present, China's "e-commerce law" has not yet been promulgated. There are many kinds of "phishing" and "fraud" on the Internet, and many consumers are victimized. Combined with the trading environment and trading characteristics of e-commerce, and drawing on the successful experience of developed countries, China's e-commerce laws and regulations can be introduced and improved as soon as possible to protect the rights and interests of consumers in online shopping.
（2） Judicial protection of consumers' rights and interests in online shopping
1. Establish jurisdictional rules in favor of consumers
At present, no matter from the traditional protection of consumers' rights and interests, or from the protection of consumers' rights and interests in online shopping, there is no definite jurisdictional principle. For the disputes and infringement problems in online transactions, the jurisdiction is mainly based on the place where the infringement results occur, which is very unfavorable to the protection of consumers' rights and interests. Therefore, the rights and freedoms of consumers should be respected, so as to realize the protection of the rights and interests of online shopping consumers.
2. Strengthen the identification of civil liability of online shopping infringement by judicial organs
Legal liability refers to the special obligation of a specific law firm to compensate for damage, supplement or accept punishment, to remedy the rights and interests of the infringed consumers, so that they can restore social relations and social order, and adopt corresponding legal means to maintain and remedy. The judicial organs have certain responsibilities for the infringement of online shopping, which is also the focus of protecting the legitimate rights and interests of consumers. It is necessary to confirm the subject of infringement liability. In online shopping, it is very important to define the tort liability, protect the legitimate rights and interests of consumers, bear the corresponding legal responsibilities, and identify and punish the illegal and infringing acts. In online transactions, the platform should implement the real name system, which can make it more convenient to identify the responsible subject.
3. Establish online mediation and arbitration system
Many online shopping belong to small transactions. Once a dispute occurs, there will be problems such as high litigation cost, long cycle and difficult litigation in the process of performing the contract, which makes many consumers give up their rights. In addition to proceeding with common disputes, online mediation and online arbitration can also be carried out. Encrypted e-mail or chat room can be used for communication to solve various transaction disputes of consumers conveniently and quickly.
4. Strengthen the regulation of online fraud
In the network transaction, we can strengthen the criminal justice work of network crime, increase the illegal cost of illegal operators, make them lose more than gain in the process of such behavior, thus reducing economic crime and reducing the infringement of consumer rights. Some network fraud is becoming more professional and technical. Some judicial personnel with computer network expertise can be arranged to handle such cases. A "Network Supervision Bureau (Division)" can be set up in public security organs to crack down on network crimes.
（3） Strengthen the supervision of online shopping environment
1. Strengthen the supervision and management of administrative departments
When we actively carry out the supervision of online shopping, we should give full play to the joint efforts of relevant departments such as industry and commerce, public security, quality supervision and so on, and strengthen the supervision of online shopping, so as to ensure that the legitimate rights and interests of consumers are not infringed. When carrying out joint law enforcement activities, all departments should clearly divide their respective rights and responsibilities in the supervision of online shopping, further strengthen the functional role of each department in the supervision work, and avoid affecting the effectiveness of the supervision work of online shopping due to the appearance of a perfunctory supervision work. When the industry and Commerce Department and the public security department carry out the joint supervision and law enforcement of the rights and interests of consumers, once the problem of infringing the rights and interests of consumers is found, the relevant departments must immediately take effective actions to ensure the safety of consumers' property, formulate a scientific and reasonable online shopping supervision personnel training system in strict accordance with the actual situation and characteristics of the development of online shopping, Improve the staff's online shopping supervision level and ability, and do a good job in talent reserve for the follow-up online shopping supervision. In addition, relevant departments should closely follow the needs of the development of China's online shopping industry, speed up the updating of software and hardware supervision equipment, build a good online shopping environment, and enhance consumers' online shopping experience, so as to achieve the goal of improving the efficiency of online supervision.
2. Strengthen the supervision and management responsibilities of the third-party trading platform
In view of the large number of online shopping trading platforms and the uneven level of supervision of various platforms, the relevant departments of the state should, on the premise of establishing and improving the management mechanism, clearly divide the supervision responsibilities of various departments, enhance the awareness of supervision and management responsibilities of online shopping platforms, and standardize the daily business behavior of operators. In addition, when carrying out the supervision of online shopping platforms, the relevant departments should reasonably use efficient examination means to examine the operators' business qualifications from the aspects of operators' business information and qualification information. Once it is found that the operators' qualifications do not meet the requirements, they are not allowed to enter the online shopping platforms to participate in business activities.
3. Strengthen the supervision role of consumer associations
As the backbone force to safeguard the legitimate rights and interests of consumers in the online shopping market, the consumer rights and interests law promulgated and implemented by the relevant departments of China has made clear provisions on the legal functions of consumer associations such as the supervision and inspection of goods and services, the complaints and the quality of goods and services that can be identified by the relevant departments according to the requirements. Therefore, in order to better protect the rights and interests of consumers, the consumer association must further strengthen its supervisory function, so as to play its important role in restricting and regulating the network business behavior. First of all, consumer associations must actively participate in the protection of consumer rights and interests, play their own functions, strengthen the internal management of consumer associations, cooperate with other types of consumer rights and interests protection organizations, and promote the protection of consumer rights and interests. In addition, the consumer association should further strengthen the mutual cooperation with market management, administrative law enforcement and other departments. Once illegal online transactions are found, they must be immediately fed back to the law enforcement department, which will severely investigate and deal with them. Secondly, the administrative departments for Industry and commerce should pay full attention to the importance of consumer associations in the supervision of online transactions, strengthen the enforcement force of consumer associations, establish their authority in the operation and management of online transactions, and ensure that the legitimate rights and interests of consumers are not infringed.
4. Give full play to the supervision role of the media
As the media has the characteristics of rich and diverse communication channels, fast communication speed and wide range of people involved, the relevant departments should give full play to the violations of consumers' rights and interests in the process of media supervision of online consumption when carrying out the supervision of online shopping trading platforms. For example, relevant departments should carry out publicity and education activities such as China's consumer rights and interests protection law and e-commerce law through TV, radio, Internet and other channels, so as to restrain the illegal business behaviors of operators in the process of online shopping and help consumers establish the awareness of using legal weapons to protect their legitimate rights and interests, It has laid a solid foundation for the healthy and sustainable development of China's online shopping industry.
In short, online shopping has become a very important way of shopping for young people. While bringing convenience to people, we should also pay attention to protecting the legitimate rights and interests of consumers. When the rights and interests are damaged, we should establish the consciousness of safeguarding rights and law. In order to ensure the better development of online shopping, it is also necessary to constantly improve laws and regulations, strengthen the supervision and management responsibilities of the platform, and strengthen the guidance to consumers, so that merchants can establish a sense of integrity, promote the prosperity and development of China's online shopping market, and protect the legitimate rights and interests of consumers.