New Research On Consumer’s Legal Right To Regret Of Our Country

Consumer’s regret right on law is comply with the legislative policy of protecting vulnerable groups. It is good for achieving substantive justice and solving reality dispute. Consumer’s right to regret has been provided in some of China’s administrative regulations, local regulations and administrative rules. But, on the one hand, those provision’s rank are too low, leading regret right lack of general applicability and standardized power. On the other hand, even it can be used in a certain range, it will encounter many bottlenecks as lacking of sound regulations on the generating of right, term, termination, exercised means, ramifications. So, we should learn relevant legislation on regret right from foreign, and combined with China’s legislative system, to construct legislative mode and explore the content of consumer’s regret right in narrow law.This article has five parts, through analyzing the existing research, general theory, domestic and foreign legislation of consumer’s regret right, put forward a sound legislative recommendation on legislative model and the specific content of China’s consumer regret right.The first part, expounding the significant of the topic from the aspects of practice, theory, legislation. And presenting the research’s purpose of this article——legislative model and the specific content of China’s consumer regret right. At the same time, using the method of documentary research to summarize the research of China and foreign country, building the research idea of this article.The second part, first, through comparing and analyzing the definitions of consumer’s regret right, define the consumer’s regret right on narrow legal level by the method of definition. Consumer’s regret right is a individual right to cancel trade in a legal term, which gained at the point of the consuming contract become effective——at the same time, the consumer must know the basic characteristics of commodity in the trading of commodity, and cannot effect the second time’s sale, the consumer should not bear contractual obligations and the cost of exercising right. Second, this section also distinguish consumer’s regret right, legal rescind right and revoke right, to determine the nature of consumer’s regret right is an independent right of formation. Third, combined with case, the theory of substantive justice, the protection of consumer-right-to-know and the limitation of the existing legislation, to demonstrate the necessary of consumer’s legal regret right.The third part, examining the legislation of consumer’s regret right in Britain, America and Germany, which base on literal interpretation. Then, briefly analyze the legislative mode and specific content of consumer’s regret right in this provisions. Learning the following aspects from Germany:harmonization of legislation mode, widely scope of applicability, reasonable term of the right, consideration of the subject who bearing the risk of returning commodity. Also, learning exercising right in writing, the obligation of returning the accepted payment to each other, and consumer’s safekeeping obligation of commodity from Britain, America and Germany, etc.The forth part, analyzing the domestic legislation of consumer’s regret right, summarizing the inadequacies of domestic legislation, for example, the provision’s rank are too low, the applicable scope of regret right is narrow, the starting point is unclear, the term is not uniform, the situations of termination is unclear, the exercising means is imperfect, the power of the initial contract is not provided as the right exercised, the cost of exercising right is unclear, the consumer’s obligations of safekeeping the commodity and bearing the risk of returning commodity. Those indicate the entry point for last part of the article.The fifth part, combining with our existing legislative framework, the substantive justice of contract, the equal principle of differences, then establish uniform provisions of consumer’s regret right in China’s "Contract Law","Consumer Protection Law". Defining its scope in the whole trading field, except the micro trading, the product is corrosive or metamorphic, etc. The starting point of consumer’s regret right is the time when the contract entry into force, also, in the trade of product, the consumer should understand the basic performance of product as soon as the right starting. The termination of the right is14days, regret right will terminate when the expiration of termination, or the consumer give up it, etc. Consumer can excise his regret right by the writing, verbal and so on. After excising regret right, the initial consuming contract is deemed as not taking effect from beginning. The consumer should return received product and promise it will not effect second time’s trade. Before returning the product, consumer have the obligation to reasonably custody the product. On the way of returning the product, consumers to bear the risk of damage or loss of it. At this time, the salesman should return the money he has received, and bear the cost of package, mail, transportation, etc.