"3.15" Can Not Manage "Hai Tao"?

Nowadays, more and more people choose to sweep goods on overseas shopping websites and become the popular "Hai Tao nationality".

Media reports, the end of 2014, the mainland of China "

"Breakthrough 20 million people, annual consumption exceeded 1 trillion yuan.

However, through the "sea Amoy" to achieve the desire to stay indoors and buy the whole world, some people are very upset when they encounter disputes in "Hai Tao".

Because "Hai Tao" is a cross-border paction and complicated circulation links, consumers often face unclear obstacles, complicated procedures, high costs, and language barriers in the process of safeguarding rights.

As for "Hai Tao" how to safeguard rights, some lawyers and experts said that our current consumer protection law is very difficult to protect consumers' rights of "sea fishing". Legislation on online shopping should be perfected as soon as possible, while strengthening cooperation with international consumer protection organizations.

Objective restriction is difficult to protect rights

On the eve of "3. 15" this year, a reporter's investigation showed that the main problems of "Hai Tao" consumer disputes were the purchase of fake goods, the description of goods and businesses, the quality problems of products, and the loss in pit.

Among them, 17 chose "self recognition".

Some people hope to safeguard their rights through communication with merchants and applying for the intervention of the third party.

Reporters interviewed found that although the proportion is not high, but these people's experience in the "Hai Tao ethnic group" has a certain representative.

For the "Hai Tao nationality", if consumer rights and interests are infringed and subject to various objective factors, safeguarding rights is not easy.

Qi Xiaofang, a senior lawyer in Beijing's law firm, said that despite the advantages of good quality and low price, "Hai Tao" products will be followed if products are subject to quality problems and need to be returned.

Although "Hai Tao" has after-sale services, cross-border factors are often difficult to achieve.

On the one hand, although most overseas shopping websites carry out the policy of free return, there are usually time constraints, plus long time and expensive freight. Many people have rejected the idea of safeguarding their rights.

On the other hand, there will also be problems such as language barriers and jet lag when protecting rights after sale, which will further discourage consumers from safeguarding their rights.

Qi Xiaofang said: "because Hai Tao belongs to cross border consumption, businesses are not under the same regulatory blue sky, so safeguarding rights is very difficult. Because of this, many people choose sea preparation when they can only give up the preparation of after-sale services."

In fact, it is only one of the difficulties in the rights protection of "Hai Tao clan".

Compared with domestic online shopping, "Hai Tao" is relatively complex. Besides overseas electricity providers, it also involves cross-border Internet payment, forwarding company mail, customs clearance and other links.

If problems arise, such as loss or damage of mail packages, theft of credit card information, etc., there may be situations of mutual exclusion and unclear responsibility.

Lin Hai, founder of the "Hai Tao" shopping guide, "geek Hai Tao", said that because overseas online shopping does not need to verify the credit card password, it can consume key information such as card number, cardholder name and validity period. Once the credit card is stolen, it usually does not report.

Some small websites even rely on so-called low price products to attract customers and steal credit card information.

Reporters found that if there are some disputes in "Hai Tao", consumers can communicate with overseas electricity suppliers or pfer companies.

However, once it is difficult to resolve through negotiation, the consumers who do not want to recognize can only resort to pnational litigation, and its difficulty can be imagined.

Lawyer Qiu Baochang told reporters that he had received many foreign rights protection cases, mainly in the case of corporate rights protection, such as trademark infringement, and few cases of cross-border consumer rights protection, because cross border rights protection was subject to many restrictions, such as cost, time and cost, and unclear application law.

In addition, the current third party dispute arbitration mechanism is more operational for large enterprises due to factors such as cost of safeguarding rights and so on.

Improving legislation and strengthening cooperation

Legal experts believe that although "Hai Tao" is a private affair between buyers and sellers, the particularity of cross border consumption determines that consumers are not able to effectively safeguard their rights on the strength of their individual counterparts. The government and regulators need to provide legal support and protection.

So, can our existing laws and regulations play a role? Qiu Baochang said.

The relevant legal provisions are related to new consumer protection law, Tort Liability Act and other laws and regulations.

He believes that China is in urgent need of legislation on e-commerce and Internet pactions, and the NPC is pushing ahead with this work.

Qi Xiaofang pointed out that China's current consumer protection law is difficult to protect the rights of consumers, while the overseas electricity supplier's shopping guarantee is only for local consumers, and can not benefit China's "Hai Tao nationality".

She believes that "Hai Tao" rights protection involves not only domestic laws, but also international private law and international conventions.

Therefore, China should accede to the relevant international conventions such as the Convention on the application of product liability law, the UN consumer protection guidelines, and other relevant international conventions at the Hague International Private Law Conference, while revising the domestic laws and regulations, appropriately increasing the compensation standards for infringing upon the rights and interests of consumers, and protecting the rights and interests of the "Hai Tao nationality".

In addition, the government should strengthen cooperation with international organizations such as the international consumer Union, the international standardization organization consumer policy committee and other international organizations to jointly crack down on illegal electronic business practices and reduce the difficulty of safeguarding the rights of China's "Hai Tao nationality".

Relevant departments should also strengthen the supervision of cross border online shopping market and create a good market environment.

Some experts have suggested that the dispute can be solved by establishing an online dispute resolution mechanism.

The advantage of this mechanism is that it can overcome obstacles such as time, space, language and so on through video consultation, and mediate intermediaries to avoid lengthy litigation procedures, which is conducive to safeguarding the rights and interests of consumers.

At present, China's online dispute resolution mechanism is mainly used to resolve disputes between domain name and trademark right, and can not fully meet the demand of "sea Tao" dispute resolution.

The relevant authorities are promoting the establishment of the 12315 Internet platform on the one hand, providing a more convenient channel for appealing to domestic consumers, and preparing for docking with relevant foreign institutional platforms.

Self protection reduces risks

Legal experts believe that network paction disputes are common problems in various countries, and it is difficult to get a thorough solution in the short term. Therefore, consumers should protect themselves and avoid risks.

First, we should not be cheap and take the initiative to avoid risks.

Two years ago, Guo Xiaotang, who joined the army of "Hai Tao", felt that the principle of "one penny and one cargo" was fully reflected in the "Hai Tao".

Not greedy small cheap, choose a high credibility of the formal electricity supplier, can reduce the risk of "pit".

"Geek Hai Tao" founder Lin Hai also believes that "Hai Tao" is the most blind pursuit of low prices, to pay for a reasonable service will make themselves more secure.

Two, we should clarify responsibilities and actively consult.

Lawyers suggested that once the "Hai Tao" products were damaged, consumers should first determine whether they were responsible for overseas electricity suppliers or whether the express companies or pport companies were properly disposed of.

Damage to direct mail products requires consultation with customer service or compensation or refund. Only within the time limit for refund, the loss should be borne by the website.

If the pshipment is damaged, it is expensive and troublesome to replace it. Therefore, the "Hai Tao nationality" should choose a reliable phipment company to receive the courier first check and not sign the damaged items.

Three, we should choose commodities reasonably and avoid blindly following the trend.

"Hai Tao" has a price advantage in many cases, but it may not be entirely in line with people's needs. For example, the formula of foreign milk powder may not be suitable for Chinese babies.

In addition, the purchase of OTC, health products, food and other products related to health, "Hai Tao" more cautious.

The four is to choose regular websites and verify product information.

We should try our best to select regular websites, reliable brands and verify the details of the products.

When choosing food, we should pay attention to the production date and shelf life of the product, so that the food that has been handed down has been overdue.

We should pay attention to the differences between domestic and foreign clothing standards.