The Research On The Consumers Regret Right In The Network Transactions

Along with social development and economic prosperity,Home sales, TVshopping, online trading and a series of new trading patterns appeared insuccession.The new trading patterns at the same time promoting the marketdevelopment and growth promoting consumer demand for Shipping&Returnsrights.In order to protect the legitimate interests of consumers, so that the trademarket can orderly development.On October25,2013,China issued the new"Consumer Protection Law,Article25:"Operators using the Internet, television,telephone, mail order sales of goods, etc.the consumer have the right to returnedgoods from the date of receipt within seven days, and without explanation."Thisprovision is legislative called the "no reason to return" system, also known as "regretright" system.Consumers regret right refers to a right that the consumer after thecontract is established and entered into force, due to consumers advocate to go backand make an exception to terminate the contract, to restore the status ofpre-trade.Proposed regret right is progress of legislation conception.Reflects thetendency attention to Substantive contractual freedom, the aim of achieving ContractJustice.However,our right to regret have a late start compared withoverseas.Introduction of the new regret right system in many areas, especially in thefield of network transactions is not mature enough, can not cope with the situationthat Shipping&Returns problem occurs frequently in our network transactions.Considering the important function of network market in China’s consumermarket and the special nature of network transaction itself,This paper firstly explainsthe basic theory of consumers regret right.The regret right concept and nature, thelegal basis, Legal Evolution of and legislative meaning for a more detailedanalysis.Laid the theoretical foundation for the improvement of network transactionsconsumers regret rights.For online transactions,at this stage The problem occursfrequently in Shipping&Returns of network transactions, consumers regret rightencountered many obstacles,the consumer regret right in network transactions need to improve.In this paper, By comparing other countries and regions such as theEuropean Union, Germany, Japan, Taiwan region the relevant provisions on the regretright system and supplemented by our judicial practice precedents and large onlineshopping platforms such as Taobao, Dangdang, Jingdong Mall own rules,Combinedwith China’s "Consumer Protection Law","Online Transaction ManagementMeasures","Conduct Penalties Against The Interests Of Consumers" and other newlaws,Discuss and convergence architecture, suggestions for improving our networktransactions regret rights.Network transactions effective exercise of the consumers regret right, able toprotect legitimate interests of consumers, prompting operators operating in good faith,so that the network market healthy and orderly development.Among them, theoperators of the information disclosure obligations as a prerequisite for the regretright to set up more stringent standards and illegal consequences.Consumer identityrecognized standards to be specific and clear.The regret right to apply to the objectshould be strictly limited, Whether the service can be incorporated into the regretright object should be treated differently.For the identification goods is in goodcondition to have more scientific standards.Exercise of the right differ to the differentobjects transactions.Period of the exercise of the right starting point, the operator mayhave a more complete return time limit.Return the goods should not be a forcepostage borne by consumers.