The Reseacrh On Consumer’s Right Of Regret Under The Network Environment In China

Consumer’s right of regret means consumers have the right to return purchased goods orcancel consumer contracts unconditionally, It is the consumer’s legal right. This systemviolates Collateral estoppel principle of contract, but it meets the substantial fairness principleof contract. The precondition of Collateral estoppel is the subject of contracts havinglegislative party freedom and equal status. But in some areas in real life, the consumers andoperator have asymmetric information. If our law not give consumer’s right of regret,consumer rights and interests will be harmed. And at present already exist “Return purchaseunconditionally” in online transactions. Whether from theory or the reality, Establishingconsumer’s right of regret have been mature. On October25,2013NPC National People’sCongress voted to pass the new Consumer’s interest protection law,The new law for the firsttime give consumer’s right of regret. This makes the research on consumer’ right of regretmore practical significance.This article through the analysis if the basic theory of consumer’s right of regret,forexample the background of consumer’s right of regret in the network environment, theconcept and the legal nature of consumer’s right of regret, and investigation to the consumer’sright of regret legislation abroad,.At the same time combined with regret right system of legislation and practice in ourcountry at present. Pointing out that the problem of consumer’s regret system of legislation inour country,on the basis of this puts forward the perfect measures. For example fromconsumer’s regret right protection and limit two aspects to protect the right to normaloperation. Protecting consumer’s right while prevent abuse right, thus to balance the interestsof the consumers and operator. The thesis includes five chapters:The first part is the introduction, research the topic selection background, significance offounding as well as the study on the status at home and abroad of consumer’s regret right.The second part is the basic theory of consumer’s regret right under network environment. Mainly expounds the background of consumer’s regret right, analysis theessential connotation and legal characteristics of consumer’s regret right. On this basis clarifythe difference between the regret right and relevant concepts.The third part analysis the legitimacy foundation and feasibility of consumer’s regretright under the network environment in china. This article mainly analyzes the legitimacybases of consumer’s regret right foundation form many aspects of the causes of the right,thetheory of consumer behavior and economics. From the angle of legislation and practice, thereare some similar consumer’s regret right rule in some administrative regulation, local rule oflaw and department requirements. In conclusion, build system of consumer’s regret right isfeasible.The forth part discuss consumer’s regret right under network environment in china in onthe basis of foreign law. It mainly research the legislation practice of Germany, English andAmerica consumer’s regret right. Mainly researches on scope of application, exercise style,duration and starting point, and legal result. Summarize the representative countries of matureexperience in order to have a deep understanding of the system better. And make our lawmore perfect.The fifth part is legislative perfection of consumer’s regret right under environment inchina. It mainly conclude legislation idea, legislation code and related specific contentfoundation of consumer’s regret right. Including the operator of the inform obligation,duration and way and legal result.