Where is the online shopping rights rights road

Online shopping, the difficulty of rights protection. The following two sets of figures are worth studying: Last year, China's total e-commerce transactions exceeded 10 trillion yuan, including online retail transactions of about 1.85 trillion yuan, accounting for 8% of total retail sales of consumer goods; with online shopping consumption With the continuous growth of the market, consumer disputes are also increasing. The data released by the China Electronic Commerce Research Center shows that the e-commerce complaint received last year was nearly 100,000. Online consumer rights protection has become a key area of ​​consumer protection. , Information leakage, network fraud, false publicity, inefficient logistics and other issues and the lack of relevant laws and regulations, so that online shopping in the convenient benefits mixed with many annoyance, and even infringement of rights and interests. How to achieve effective and continuous supervision of online retail transactions, a new consumer Look forward to new topics for consumer rights protection.

A "fruit powder" sad thing to buy a trap was cheated 10,000 yuan

Economic Herald reporter Liu Yong

"The network frauds are endless and they fall into the pre-designed traps of the fraudsters." On the 12th, Meng Leilei, working in Jinan Ruixin Iron and Steel, recalled that the chain-linked scams he encountered on online shopping last year still felt bad.

In 2013 National Day, as a loyal fruit powder, Meng Leilei, who just joined the job, wanted to buy Apple 5S. However, due to the fact that the phone was just released, the market was out of stock and she thought of online shopping. After many comparisons, Meng Leilei decided on Taobao.com. A bargain was purchased at a store called Yuxi Communication. After bargaining, Meng Leilei bought a Hong Kong version of the Apple 5S at a price of 4,000 yuan.

At 6 o'clock in the afternoon, Meng Leilei received a phone call from a stranger. He claimed to be a customer service provider and told him to buy a mobile phone because the website system was upgraded and there was a "card order." .

Then the other party sent him a new website through QQ and told him to buy it again.

According to Meng Leilei, he asked when the payment was due after the payment. The other party said that his payment was once again "card order." Customer service told him that because of the "card order," he could not see whether payment was paid in the background of the system, and therefore he could not Ship.

Meng Leilei told the Herald reporter that he used the phone and QQ to contact the other party multiple times, after the communication partner requested to provide online banking payment screenshots. Customer service said that although online banking payment screenshots have been transferred, but the background can not see, so can not be shipped.

Maybe it was because of the fact that Meng Leilei was repulsed. Customer service indicated that he could sell him an Apple 5S Tyrant Gold Edition priced at 5,500 yuan at a price of 4,500 yuan.

Two days later, Meng Leilei received the other party's cell phone and sent 4,500 yuan to the courier. However, Meng Leilei opened the box and found that it was not the cell phone he wanted to buy, but a cottage.

Meng Leilei immediately contacted with the so-called customer service, the other party told him that the warehouse sent the wrong goods.

When Meng Leilei hesitated, the other party said that the back-end system had received the previous payment, but according to the company's regulations, refunds can only be refunded by checking cheques and cannot be refunded. In the case of a transfer cheque, the amount of 4,000 yuan is filled in as 14,000. Yuan, so it needs Meng Leilei to transfer another 10,000 yuan. Meng Leilei said to the other party that it was only 1,500 yuan.

A few minutes later, the customer service said that he just grabbed a 5,500 yuan transfer cheque in finance, so he hopes Meng Leilei will seize the time to enter the company account by purchasing 1500 yuan.

In order to get back the already paid 4000 yuan and buy the new mobile phone as soon as possible, Meng Leilei will enter the other party's account with 1500 yuan in the way of purchasing products, and will send screenshots of online banking payment to the other party.

A week later, Meng Leilei not only did not receive a mobile phone, and the bank card did not receive 5,500 yuan.

Colleagues told him that they may have met a fraudster. Then Meng Leilei immediately communicated to Taobao.com and the real customer communication. The real customer service told Meng Leilei that they never communicated with the customer on QQ. They all communicated on Taobao. , But also will not casually ask the customer to refund the purchase again. Taobao's customer service told Meng Leilei, he met a liar, Taobao transaction does not exist "card alone" phenomenon, and the other party provides the URL is a phishing site.

"In spite of the alarm, the police actually told me that hope is not great. This million yuan was cheated." Meng Leilei told reporters depressedly.

Anti-counterfeiting lawyers receive hundreds of rights protection cases to open e-commerce platforms frequently

Economic Herald reporter Dai Yue

Another year is 3.15, different from previous years, this year, shoddy goods online shopping back trouble, group purchase service quality shrank, product quality can not be guaranteed, there is no after-sales service, can not issue invoices and other new complaint hot spots.

Wang Xincheng, the person in charge of the Shandong Provincial Consumers Association, told the Economic Herald reporter that in 2013 the Consumer Association of Shandong Province handled a total of 159 network complaints, which was second only to complaints of life, social services, telecommunications services, and sales services. Protecting the rights and interests of consumers and creating a secure and reliable online market environment is imminent.

Frequent problems with online shopping

A Consumer Guide Reporter reported that he purchased an Astra Instant Repair Special Essence Essence in Taobao, which caused facial skin irritation after use, but none of the products used in the store counters were allergic. “Thought before The online rumors of '80 per cent of cosmetics sold online are fakes', and there are always some things that are not windless." said the consumer.

Chen Na, who has been overseas cosmetics purchasing company for 4 years, told reporters that due to the huge profits of cosmetics, some high-imitation product producers even do not hesitate to purchase tens of millions of yuan worth of machines to produce packaging that resembles genuine products. “Like Taobao This kind of open e-commerce, it is difficult to distinguish between true and false, many businesses are genuine and fake to sell, people can not prevent."

On January 12th this year, Ji Haiyan from Jiangsu purchased a few cashmere trousers for her relatives and friends at Taobao Wangdeng Apparel Store. However, relatives and friends believe that the received product is definitely not cashmere material.

Subsequently, Ji Haiyan sent the cashmere trousers to the relevant fiber inspection agency for inspection. The staff of the agency informed that these goods simply failed to meet the data on the clear value of the commodity certification.

In the case of unsuccessful contact with customer service, Ji Haiyan decided to use legal means to solve the problem. Ji’s lawsuit brought Jinan Wangdu Trading Co., Ltd. to court, demanding that the defendant return the purchase price of 930 yuan, and in accordance with the store’s commitment, pay 5,000 yuan.

Zheng Haijun, an attorney with Ji Haiyan, told the reporter on the 12th, “Although the other party wants to solve it privately, my client still wants to solve it through legal procedures. I hope that I can warn more bad businesses while safeguarding my rights.”

Promote professional anti-counterfeiting

"There are indeed many fakes on Taobao. I hope that more people in the community can participate in the ranks of consumer rights protection and pick up legal weapons to protect their rights." Zheng Zhijun told the Herald reporter that in 2013 only he had There are more than 100 complaints about the quality of online shopping.

In the interview, Zheng Zhijun revealed that he also has an identity as a counterfeit lawyer. At present, Zheng Zhijun has 16 anti-counterfeiting teams and consists of several law firms and professional anti-counterfeiting companies.

Anti-counterfeiting rights protection is welcomed by the society, but now the counterfeiting lawyers and professional counterfeiters are often criticized by the community.

Zheng Zhijun said frankly, "Many people really question our approach. We objectively seek profits, but subjectively we fight against unscrupulous traders. I believe that there are more fakers and there is no profit for unscrupulous traders. The online shopping environment will be Cleaner. Occupation of counterfeiters is due to the fact that counterfeits in the market are too rampant."

"After March 15, our team is expected to invest 3 million yuan in the sampling cost of Taobao's counterfeiting rights protection and will continue to crack down on counterfeiting. In fact, in the case of Ji Haiyan, we can sue in Shanghai. We chose to sue in Shandong because we It is considered that the legal environment in Shandong is very good," said Zheng Zhijun.

Secure Online Shopping Starts with Strict Supervision

Economic Herald reporter Liu Yong Dai Yue

On the 11th, the China E-Commerce Research Center released the 2013 China E-Commerce User Experience and Complaint Surveillance Report. The report shows that in 2013, only the “China E-Commerce Complaints and Rights Protection Public Service Platform” was received by users across the country. The number of complaints in business was 97,350, up 4.0% year-on-year. Refund issues, after-sales services, online sales, returned goods, slow delivery, online fraud, quality issues, cancellation of orders, and false promotions have become unhealthy online shopping.

How to have a safe and secure online shopping environment has become a concern for many consumers. When interviewed by the Economic Herald reporter, the China Electronic Commerce Research Center analyst Yao Jianfang said that with the development of online shopping, various new issues have also emerged. Including the e-commerce price war has led to delay in arrival time, Internet security issues and so on. "But the current online shopping supervision responsibility is not very clear. E-commerce need to strengthen supervision, urgently require legal constraints."

Yao Jianfang believes that it is difficult to achieve fairness and fairness by opening up the platform to seek profit for itself, but also for consumers to defend their rights. Last year, the State Administration for Industry and Commerce promulgated the "Opinions on Strengthening the Management of Online Group Purchasing Operations," clarifying the platform for group buying industry. , business and consumer relations. But for the e-commerce open platform rights and responsibilities, there has been no relevant laws and regulations introduced, this legal blind spots need not be added.

Judging from the supervision measures of the developed countries on the online shopping market, clear-cut laws are indispensable. Yao Jianfang told the Herald reporter that the supervision of the online shopping market has risen to the legal level in order to form effective deterrence against unscrupulous merchants. On the other hand, only relying on business It is difficult for the department to thoroughly investigate the loopholes in the online shopping market. Moreover, even if a problem is found, the industrial and commercial department does not have the authority to freeze its account. Therefore, supervising the operation of the online store requires the joint efforts of the industrial and commercial, public security, banking supervision, taxation, and other functional departments.

The Herald reporter noticed that just before the close of March 15, the State Administration for Industry and Commerce issued the "Internet Trading Measures" (hereinafter referred to as "Measures"). The "Measures" clearly stipulate that: 7 days no reason to return; network transaction dispute jurisdiction The determination of the network; improper competition in the network; celebrities, celebrities, and internet “Da V” etc. should be disclosed truthfully in the promotion of products, etc., and therefore rewarded. This will provide consumers with peace of mind with online shopping while escorting them. It also establishes legal guidelines for the development of the e-commerce industry.

Several contributing researchers and professional e-commerce lawyers from the China Electronic Commerce Research Center believe that the "Measures" should be issued by the participants in the e-commerce industry. They are "Interim Measures for the Administration of Online Commodity Trading and Related Services," and "Unfair Competition Law." The supplement and improvement of laws, etc., have positive significance.

NPC deputy Zhu Haiyan said in an interview with the media that, compared with the hot online trading, there are still gaps in the laws and regulations on the management of online transactions. She suggested that the “Electronic Commerce Law” be formulated as soon as possible to clarify the responsibilities of online shopping. , rights and interests, to protect the security of users' personal information. At the same time, we can adopt a "network monitoring network" approach to set up a special network monitoring agency, and the supervision of online shopping breaks geographical and inter-departmental powers and responsibilities, so that it has a unified Vertical management department.

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