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Study on the legal mechanism of overseas purchase - From the perspective of the protection of consumers' rights and interests -

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2017, (20), pp.151-175
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

이진성 1,  RUAN， LI 2

1한국동아대학 법학연구소
2동아대학교 법학연구소

Candidate

ABSTRACT

The advent of the Internet era has led to the birth and development of numerous emerging industries, and online shopping has gained new opportunities for development in this wave. At the same time, along with the economic globalization and trade globalization, the consumer has far not satisfied with the domestic consumer market, homes will be able to experience high-quality foreign products and services has become the ultimate international public consumption, so the overseas purchase industry came into being. At the same time, along with the economic globalization and trade globalization, the consumer has far not satisfied with the domestic consumer market, homes will be able to experience high-quality foreign products and services has become the ultimate international public consumption, so overseas purchasing industry has emerged in this wave. Overseas purchasing is widely welcomed by consumers based on their good quality, low price and simple and convenient transaction mode. The huge demand for overseas purchase makes the current overseas purchasing industry have great potential for development. However, as a new industry, overseas purchasing industry is still immature in many aspects, such as tariff problem, behavior regulation of purchasing agent, purchasing market order and so on. Among them, the protection of consumers' rights and interests is the most serious and the most easily neglected. Among the parties involved in overseas purchasing, consumers are in a serious vulnerable position, and their legitimate rights and interests are easily infringed. Unfortunately, the laws governing the protection of consumers' rights and interests in overseas purchasing are currently in a gray area. Under this premise, how to improve the legal system and strengthen the protection of the rights and interests of consumers has become a common concern for the public. In view of this, this article will take the protection of the legal rights and interests of consumers as the perspective. First of all, the basic overview of the overseas purchasing industry is introduced. Secondly, it reveals the common problems existing in the overseas purchase and purchase industry and analyses one by one. Finally, the pertinent countermeasures are put forward. In order to achieve the ultimate goal of the state to effectively standardize the order of the overseas purchase market, regulate the wrongful act of the purchaser and safeguard the legitimate rights and interests of the disadvantaged consumers.

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