The Study On Consumer’s Regret Right Of Network Shopping

With the continuous development of the market economy, online shopping hasgradually become the mainstream pattern of consumption that the young generationadvocated. In network environment, there exist the serious asymmetry of informationbetween the consumer and the operator, the network shopping brings to the consumergreat convenience, it also follows many problems. The new Law on the Protection ofthe Consumer has come into force on March15,2014. The new law provides the rightto regret for the consumer of the remote shopping for the first time. However, thelegislation does not solve all problems overnight. Therefore, it can not only make thenetwork market more standardized, but also promote the network operators to competehealthily and save the social cost to study the regret right of network shopping andimprove the relevant system of our country.In this paper, I use economic analysis method to study the theoretical basis ofregret right of network shopping, which is innovative. It has been clear in this articlethat the regret right of network shopping consumer is that the consumer can cancel thecontract and return the purchase unilaterally and unconditionally within a certain periodin accordance with the law, after the completion of the transaction through expoundingthe emergence and development of the regret right of network shopping. It follows thatthe regret right of network shopping is statutory, non-causative, exemption andunilateral. This article distinguish between the regret right and the similar rights in civillaw to make it clear that the regret right of network shopping belongs to the category ofeconomic law. On this basis, it has been clear that the legislation of the regret right ofnetwork shopping not only has sufficient theoretical support in the perspective ofeconomic theory and legal theory, but also has benefit to the realization of the individualeconomic efficiency, overall economic efficiency and fair in the market. The consumercan not exercise the regret right of network shopping arbitrarily. This right should berestricted from scope, period, manner, responsibility. In our country, there exist flaw inregulations of the regret right of network shopping, such as general scope, unitaryperiod, unclear manner and defective responsibility. In view of the above problems，Iput forward a series of practical suggestions in this article for improving relative systemand ensuring the operation and implementation of the regret right of network shopping,include that refine the scope by defining the scope of the consumer and the operator, and expanding the scope of rights to the service; Regularize the period through makingthe period as the working day, relating the period to the performance of the operator’sinform obligation, and extending the period to14days with defect performance of theinform obligation; Clearing the manner for the written notice and the return goods;Improving the regulation about responsibility by means of Assuming the liability ofproof to the operator, and allowing operators to protect their legitimate rights throughlegal channels when there are malicious behavior for the regret right; Improving thecredit evaluation system for the online operator; Strengthening the real name systemmanagement; Improving the online personal credit record.