Research On Consumers' Right Of Retention In Online Shopping

The rapid development of the information age promoted the prosperity of the online shopping market. Since 2009 China’s first case of online shopping transactions to finish, the pace of online shopping’s development absolutely met the characteristics of information’s explosive expansion in information age. Only six or seven years, China’s online shopping has been accounted for 7% of the total consumption. At the same time of rapid development of online shopping, it also brings a lot of disputes between consumers and operators. For example, online shopping products’ quality is poor, do not meet the picture description and even has a fraud. In order to adapt the development of the online shopping rapidly and solve the problem of the online shopping to consumers.From March 15th 2014,the implementation of the Consumer Right Protection Law clearly defined four remote transaction of consumers could be unconditional return within 7 days after receiving the goods (Except the four kinds goods should not be returned). This is the "Regret Right" that the theory circle has been discussing all the time. Regret right is officially written into Consumer Right Protection Law it indicated the state has been raised the legal level to the protection of consumer regret right.This paper is divided into four chapters. The first chapter is mainly about an overview of consumers’ regret right in online shopping:the contents of the online shopping includes goods and services. Regret right is the legal right of consumers, and it is an extension of the right to know and the right to freedom choice of the consumers. Individual consumer as the right subject of online shopping regret right has the right to exercise the regret right. At the same time, the object of regret right should be get the appropriate restrictions. Except the 4 kinds not appropriated to regret right’s objects which is regulated by the law while completed service also can not be as object of online shopping consumers’ regret right; The second chapter mainly introduces the system of foreign consumers’ regret right system. Among them, the system of cooling off period of America will identify as acts which didn’t inform consumers to have regret right’s to be a fraud act when operators and consumer having a transactions. Britain’s contract revocation right system regulates operators should bear the cost of returns, and meanwhile consumers has the right of lien to the withdrawal of goods, until the consumer’s payment is returned. The withdraw right system is directly written into the Civil Code in Germany, it also regulates the return costs of consumer and transit risk should be beard by the operators. Malaysia’s "material reject bill" system is more conducive to protect the consumers’regret right in the online shopping; The third chapter mainly introduces the exercise of consumers’ regret right in online shopping:China explores and establishes the system of regret right in practice. During the exercise process of the regret right, consumers exercise the regret right will become more convenient and quicker under the B2C shopping mode; Under the C2C shopping mode, consumers exercising the regret right met with heavy resistance, so should be protected more. In online shopping consumers exercising the regret right will encounter a variety of obstacles, such as the applicable scope of regret right is slurred, freight commitment mechanism is too single, regret period is too unified, lack of regulation to consumers abuse behavior right etc; To solve the above problems, the fourth chapter puts forward some concrete suggestions to protect the consumers’ regret right in online shopping:Should clear the regret right’s applicable scope, establish a variety of freight commitment mechanism, determine the different regret period according to the product’s character, regulate consumers’ abuses right acts,check sailors’identity information etc.