Studies About Consumer’s Regret Right In The B2C And C2C Mode Of Online Transactions

With the rapid development of Internet technology, online transactions via the Internet technology are in full swing, however, online transactions have many characteristics different from the traditional transaction, resulting in the generation of many new legal issues, and the number of online transaction disputes in China growing rapidly now, so the interests of consumers face more severe challenges. From the relevant provisions in other developed countries, regional and international, as early as in the trading patterns of Direct marketing, Home sales, Long-distance trading, E-commerce, Mail-order trading consumers have been given the regret right or require cooling-off period, in order to better protect the interests of consumers. Combined with the relevant provisions of the international and China’s actual situation, China has a need to introduce the system of regret right, and "Consumer Protection Law"(second draft)9show that the regret right system set up just around the corner. Yet I believe that this is not enough, also require specific matching requirements. In this paper, draw on the basis of the advanced legislative experience in foreign countries and international organizations and combined with China’s actual, I put forward the proposal of building a regret right system of our country on the scope of application, the deadline set, the legal consequences and prohibition of abuse of rights.This article is divided into four parts:The first part is to introduce the regret right in the online trading system. By simple definition for online transactions as well the regret right, analyze the characteristics of online transactions and the regret right, determine the scope of the concept, discrimination the regret right, the offeror’s right to withdrawal and revocation of rights, the statutory right of cancellation, and the defunding, replacement, repair commodity system, in order to clearly demonstrate the regret right.The second part is the theoretical basis and practical basis for the introduction the legal system of the regret right. On the surface, it’s contradiction with China’s principle of good faith and fair principles of justice, but this article from the economics based on Civil Law Foundation, as well as economic law nature of the starting, in order to obtained it’s theoretical basis; Through the analysis of consumer protection, role in promoting the economy and the breaking down of the role of the right to relief hinder, to illustrate the practical basis of the regret right system.The third part is to introduce the problems of the field of online transactions in China and the legislative status of the regret right system. By observing the case in reality as well as data reveal damage to the interests of consumers in the field of online transactions in China, and the existing local legislation is summarized as a system to build the regret right system in our country for reference.The fourth part is the proposal of building a system of the regret right. By reference of the foreign law and generalizing our relevant laws, I put forward the proposal of building a regret right system of our country on the scope of application, the deadline set, the legal consequences and prohibition of abuse of rights, thus complement each other with9and31of the "Consumer Protection Law "(second draft), and build a scientific system of the regret right.