Legal Strategies For Protecting The Lawful Rights And Interests Of "Hai Tao"

With the rapid development of e-commerce, many consumers in China have joined the ranks of Hai Tao.

The so-called Hai Tao is through the website to buy overseas goods.

Although there is no obvious difference between the specific operation process and the domestic online shopping, but because the seller of seafood is abroad, consumers' rights protection behavior may trigger an overseas lawsuit once the quality problem of the goods appears or is inconsistent with the description.

Hai Tao's e-business activities, such as bargaining, trading, product insurance, return, refund, etc., all happen on the Internet. If disputes are settled by traditional dispute settlement methods, they will be troubled by geographical, linguistic, traffic and legal knowledge. The situation of "100 yuan sea consumption and 10000 yuan rights protection costs" will not be conducive to China's products entering the international market.

According to the development needs of Hai Tao and the objective advantages of the network, online dispute resolution mechanism can be adopted.

The advantage of this mechanism is that it is easy to overcome obstacles such as time, space, traffic and language through online operation, such as video consultation, and so on. Through intermediaries mediation, it avoids long litigation procedures and is convenient for solving disputes in the sea timely and safeguarding consumers' rights and interests.

The online dispute resolution mechanism is relatively flexible, and its procedures are not complicated. Generally speaking, the parties will submit disputes on the Internet to the online application or establish similar dispute settlement contracts with the sellers, and the independent third persons will preside and handle the disputes, so as to make the dispute get a relatively fair Online ruling chance.

The reason why it is "independent third party" is that the parties can be selected randomly in the host of the dispute settlement library, and will not tend to either side of the buyer or seller to make a fair and reasonable ruling in accordance with the spirit of the international convention.

At present, the domestic online dispute resolution mechanism is jointly implemented by the China International Economic and Trade Arbitration Commission and the Hongkong International Arbitration Center. It is mainly used to resolve disputes between domain names and trademark rights, and can not fully meet the needs of the dispute resolution.

To accelerate China's "online dispute resolution mechanism", we need to focus on the following aspects: Online Dispute Resolution mechanism as an integral part of the operation of e-commerce platform, so as to synchronize operation of consumption and rights protection; establish market access threshold for online dispute resolution mechanism, standardize basic rules and procedures, standardize and pparently ensure online dispute settlement mechanism, ensure service quality; strengthen supervision and management, avoid black box operations, improve fairness and impartiality, legality and legality of Online Dispute Resolution mechanism, and improve execution channels, so as to ensure that the ruling made by Online Dispute Resolution machine is carried out to ensure that consumers' legitimate rights and interests are effectively protected.

Like other business activities, Hai Tao is a personal matter that you and I are willing to do, and the government should not interfere with it.

However, because of the overseas factors, the power of personal rights protection is very limited, which requires the government to support and protect the law.

It is true that the government can not make laws for overseas countries or regions, nor is it possible to enact laws overseas. Therefore, the legal protection of the government's consumption of seafood is mainly based on the rule of law and the rule of law in the application of international rules.

We should accede to relevant international conventions as soon as possible.

The Hague Convention on international private law, the Convention on the application of product liability law (hereinafter referred to as the "Convention"), and the UN Convention on consumer protection, and other international treaties, expounds the objectives and specific criteria to protect consumers from different angles and aspects.

It can be said that these international treaties provide a legal guarantee for the protection of the sea race.

For example, if our country joins the Convention, it is possible for the Hai Tao people to directly apply our legal provisions to deal with the dispute over the sea according to the provisions of the Convention.

In this way, consumers in China can get double protection both at home and abroad.

We should appropriately raise the standard of compensation for infringing upon the rights and interests of consumers.

China should promptly amend domestic legislation in accordance with the requirements of the Convention and appropriately raise the standards for compensation for infringement of consumers' rights and interests.

This not only helps protect the legitimate rights and interests of consumers, but also helps to protect the domestic market order.

If the standard of compensation for infringement of consumers' rights and interests is too low, it will make foreign businessmen brazenly sell fake and inferior products to the domestic market, and even regard China as a "waste acquisition station".

We should strengthen international cooperation and jointly crack down on illegal electronic business practices.

The domestic legislation of any country can not solve the problem of sea fishing alone, and international cooperation is the common choice of all sovereign states.

At present, there are influential international organizations such as the international consumer Union, the Rome unified private law association, the WHO Pharmacopoeia Commission, the international standardization organization consumer policy committee and so on.

Our government should strengthen cooperation with these international organizations in legal norms, information exchange and technical assistance, so as to reduce the legal difficulty of pnational rights protection.

Some of the foreign related legal problems faced by Hai Tao can be resolved by strengthening national market supervision.

For example, the sale of fake and famous brand products from overseas enterprises to the consumers of the sea race in China belongs to the regulatory scope of the relevant functional departments in China.

Therefore, we should strengthen the supervision of Hai Tao's e-commerce market, influence the sellers of foreign e-commerce, and create a good market environment for Hai Tao.

And strengthening market supervision is mainly to guard against the two barriers.

Good credit mall access threshold.

The virtual nature of the network and the lack of national boundaries are the main reasons for network fraud.

This requires our country to set up a foreign credit authentication system as soon as possible, and conduct strict credit certification for overseas retailers and personal service providers. We can ask overseas enterprises facing our country to provide real-time network customer service Chinese Consultation on the trading platform, so as to ensure that the Chinese people know the information and rights and interests of Hai Tao's products effectively.

At the same time, we need to build a dispute mediation mechanism for after sale services for foreign exchange, so that consumers can enjoy "overseas rights protection, domestic returns" and other after-sale services when shopping in the credit mall.

When the dispute occurs, the credit mall can help or take the initiative to solve the disputes through the online dispute resolution mechanism, so as to ensure the rights and interests of consumers are guaranteed.

Check the checkpoints of the counters.

At the present stage, China has strict inspection and quarantine procedures and standards for importing animals and plants, but there are no complete inspection measures for seafood products.

Although many sea scouring websites are "supporting the counter inspection", most of the counters do not have the inspection function.

From the perspective of maintaining the order of pnational network consumption, our customs can request the operators and logistics enterprises to carry out pnational network consumption. All paction data are connected with customs through the "e-commerce customs clearance service platform", while strict process and data monitoring is implemented.

If no docking or docking is not in conformity with the requirements, it shall be included in the blacklist.

At the same time, as long as we pass the customs enquiry system, we can know the information and logistics of Hai Tao products, find out the problems in time, and effectively safeguard the legitimate rights and interests.