On The Improvement Of The Legal System Of Customers’ Right To Regret In Online Shopping

To establish and maintain a sound and favorable order and environment for the e-commerce, and protect the legitimate rights and interests of customers shopping online in a more effective way, the system of the right to regret in online shopping, which is to realize an inclined protection on customers’ rights and interests and to solve the problems aroused by the information asymmetry, has been introduced to the Law on the Protection of Rights and Interests of Customers(Customer Law for abbreviation) in its amendment through using the experience of other countries for reference. The domestic legal system of customers’ right to regret is formulated in meeting the urgent needs of e-commerce development and also based on the domestic legislative practice. In the legislative process, the rights and interests of both the e-commerce operators and customers are measured and balanced, and the system of the right to regret is designed from such aspects as the scope of application, the deadline for application, the exertion conditions, the legal responsibility and so forth. Because of the incomplete design of the system, a lack of the implementation of the supervision responsibility, the unsound online shopping dispute resolution mechanism, the absence of the legal responsibility of related subjects and other factors, the following problems exist in the application of the right to regret: sellers are inclined to escape from refunding the money; buyers are inclined to abuse the right to carry out malicious return; sellers conduct unfair competition by taking advantage of the rule. Given that, the study on the the legislation on and application of the right to regret in America and Germany provides guidance for the domestic legal system of the right to regret on two aspects, the specification of the articles of the law and the improvement of the guarantee measures. Against the domestic context, some concrete suggestions are proposed: supervision by the e-commerce association and the constraining force of the rules of the industry should be strengthened; the supervision responsibility should be carried out and the law enforcement should be strengthened; the association of consumers should play its due role; a guarantee mechanism for online trade platform should be set up and perfected; a diversified relief way should be established and be kept smooth. That can be beneficial for the improvement of the domestic legal system of the right to regret in online shopppng.