The Research On The Legislation Of Right Of Regret In PRC And Its Application

The right of regret in television, telephone, mail, online shopping and otherareas has been the concern focus of consumers and the communities. The new"Consumer Protection Act" carried out on15, March,2014introduces the right ofregret, which is of great importance to the protection of consumers’ interests. Sincethen, there are seven days for the consumers to think whether to return the goodspurchased since they receive the goods. As long as the goods meet the statutoryrequirements, the operator’s consent to the exercise of the right of regret is in no need.The purpose of this study is to find the vulnerabilities of the provisions and proposeappropriate solutions on the basis of providing a detailed explanation.The main arguments of this paper include: the provisions concerning the rightof regret are peremptory norms, consumers and operators should not agree toexclude the application of the right of regret; the right of regret should be applied inonline sales, mail sales, television sales, telephone sales, door sales, O2O mode salesand direct sales. In door sales, salesmen take changing marketing strategies,consumers are unprepared, the impulsive shopping behaviors are easily made, so itshould give consumers the right of regret to protect their rights and interests. Thewriter thinks that the right of regret is applied in O2O mode sales, because it is thefurther profit sharing behavior of the operators."Direct Selling Regulations"specifies the right of regret in direct sales; the right of regret is difficult to apply inthe sales of real estate and motor vehicles, advance payment of selling goods andproviding services are in the same situation; the calculation of the seven days’ returnperiod begins on the next day from receipt of the goods; defining the "not returninggoods" and "commodity price paid by consumers" these two concepts; moderatestandard should be applied in commodity intact standard; we should distinguishbetween the different scenarios to decide whether the consumers could exercise theright of regret before receipt of the goods; no mandatory obligation to inform theconsumers is provided,this is the loopholes of the law; in order to protect the right of regret implementing, the system of credit should be established, the functions ofconsumer associations should be played, the applications of small convenient andefficient dispute settlement mechanism should be made.In the discussion process of the whole paper, the author mainly uses the methodof comparative analysis, literal interpretation, historical interpretation, systeminterpretation and other interpretation methods, social survey method, inductiveanalysis method, value analysis method, empirical analysis method and otherresearch methods. Before the implementation of the new "Consumer Protection Act",most of the academic researches focused on how to build the right of regret, and thenew "Consumer Protection Act" has just applied for a short of period, so there arenot a lot of researches concerning our current provisions. The author of this articleaims to help researchers and the general consumers to clarify the right of regret, havea more comprehensive and clear understanding of the right of regret, strive to inspireresearchers and help to protect the interests of the consumers.The creative point of this paper is to interpret the provisions concerning theright of regret by a variety of research methods. Firstly, interpret why theseprovisions are so made on the legal basis. Secondly, decide the applicable standardsof the specific terms in accordance with life practice. Finally the following newinsights and new ideas are made: the provisions of the right of regret are mandatorynorms; the right of regret should be applied in door sales and O2O mode sales;advance payment of selling goods and providing services are difficult to apply suchright; moderate standards should be applied in commodity intact standards; our lawshould specify mandatory obligation of operators to inform the consumers.