网购交易中经营者权益保障研究

Research on the Protection of the Rights and Interests of Business Operators in Online Shopping Transactions

科技与互联网的发展极大地丰富了人们的交易方式。近年来,我国电子商务不断发展,各种电商平台的兴起,快捷便利的线上网购交易逐渐成为人们选择的主要交易方式,由于互联网自身的传播性、虚拟性等特点,使之区别于传统的线下交易方式,网购交易中消费者与经营者的地位发生了变化;我国现行法对经营者权利的保护存在法律漏洞,经营者与消费者权益保护处于一种失衡状态,导致两者之间纠纷的发生。本文从当前我国网购交易发展的有关情况入手,阐明了保护经营者权益的必要性,并分析了经营者权益受损的原因,最终提出适度限制消费者权利的行使、要求电商平台履行辅助义务、完善网购交易中经营者权益保护的相关法律法规来回应新的社会问题等措施。

The development of technology and the Internet has greatly enriched our trading methods.In recent years,e-commerce has been continuously developed in China,the rise of various ecommerce platforms,and the fast and convenient online shopping have gradually become the main transaction methods that people choose.Due to the dissemination and virtuality of the Internet itself,which makes its online shopping transactions different from traditional offl ine transactions,the status of consumers and operators in online shopping transactions has changed;there are legal loopholes in the protection of the rights of business operators in China’s current law,and the protection of the rights and interests of operators and consumers is in an imbalanced state,resulting in disputes between the two.Starting from the current development of online shopping transactions in China,this paper clarifi es the necessity of protecting the rights and interests of business operators,analyzes the reasons for the damage to the rights and interests of business operators,and finally proposes to improve relevant laws and regulations to respond to new social problems,moderately inhibit consumer rights,and favor measures such as protecting the rights and interests of business operators.