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Researching On The Right To Regret Of Consumer

Posted on:2011-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:H G WuFull Text:PDF
GTID:2166330332458510Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This article shall be divided up into three parts.Part A: The concept and legal property of the right to regret.This part begins with the general concept of the right to regret, and lists the current legislations of some developed countries.The Analysis on the legal property is the main substance of part A, and it is also the basis of analysis of bellows. There are two views on such issue. The one classify the right to regret into civil rights while the others classify it to the economic law's rights. I agree with the latter, for, the right to regret reflects the tilt protection to the consumer from the government. Then, I make a contrast with the right to regret and related concept, and get the feature of the right.Part B: The foundation of the right to regret's legitimacyIn this part, I would analyze whether the right to regret should be introduced into the consumer law. And this issue will be discussed in the angles of theory and practice.On theory, the right to regret is the extension of the right to be informed. For, the business'boasting, accompany with the appearance of the new marketing models, and the abuse of the standard contract, makes the problem of information asymmetry between the consumer and the business more serious. The right to regret, given to the consumer, aims to give the consumer a cooling off period for being informed more than give them a chance to regret. On the practice, the financial crisis in 2008 makes it clear that economic growth shall not only depend on export. Instead, it shall be depend on both export and domestic market. In order to enlarge the domestic market, our government shall pay more attention to the protection on consumer rights. According to the consumer law, the objective of the consumer policy is to protect the consumer's rights and to promote the development of the market more healthily. I would analyze the positive effect to the consumer policy through the introduction of right to regret in the angle of efficiency and fairness, and then make the conclusion of the foundation of the right to regret's legitimacy on practice.Part C: Proposals for legislative of the right to regretIn this part, the scope of the appliance and the detail exercise elements of the right to regret would be discussed. I argues that such right could be applied to non-fixed place of sales and online shopping, but not suit to the huge trading transaction.On the matter of exercise elements, I would analyze such issue through three aspects: the cooling off period,the manners and limitation of the rights'exercitation. By comparison of some developed countries'legislations, I try to make some proposals to the introduction of the right to regret.
Keywords/Search Tags:the right to regret, consumer right, the right to be informed, consumer policy
PDF Full Text Request
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