Researching On The The Consumer’s Right To Regret Law System In China

The Consumer’s Right to Regret is a right entrusted by law, consumers can terminate the contract unilaterally, unconditionally and non-punitively in some particular types of transaction during the statutory period after they make a contract. The establishment of the Consumer’s Right to Regret System in favor of inclining protection of consumers in market economy, it’s also has great significance.The newly revised Consumer Protection Act in China was putting into implementation on March 15, 2014. The Consumer’s Right to Regret System in Article 25 is one of the bright spot. Compare with the relatively mature legislation abroad, the construction of the Consumer’s Right to Regret System has just started, there are still a lot of things needs to be thinking and perfect. Based on the elaboration of the essential issues and theoretical foundation of the Consumer’s Right to Regret System, this thesis using historical analysis and comparative analysis, and combined with advanced legislation abroad and basic national conditions in China to make some legislative suggestions aimed at the deficiencies in the system.This thesis is divided in three parts excluding Introduction and Epilogue.In the first part, the author elaborate some general issues of the Consumer’s Right to Regret System, which mainly discusses the characteristics and the nature of the Consumer’s Right to Regret. The author analyse some main points which exist the academic circles when she elaborate this right’s nature, the author propose the viewpoint that the nature of the Consumer’s Right to Regret is different from the nature of Contract-Withdraw Right, Recission Right of Contract and the Consumer’s Right to Know, but as a new tpye of consumer’s right which is belongs to Economic Law. This part paving way for following research.In the second part, the author mainly elaborate the theoretical basis of the Consumer’s Right to Regret System. In the field of Economic Theory, the Theory of Information Asymmetry, Consumer Paramountcy Theory and Game Theory can well illustrate the system. In the field of Legal Theory, the existence of this system is the objective requirement of goal to achieve real freedom of contract, substantial fairness and scientific as well as the inevitable outcome of technological development.The third part is the focus of this thesis, first of all, the author elaborate the evolution process of the Consumer’s Right to Regret System in chronological sequence. Secondly, the author combined with design of specific rules for this system abroad and basic national conditions in China to making some suggestions on the rules of the system’s applicable scope, applicable conditions and applicable consequence in order to acting on international convention and protect the consumers’ rights and interests.