Research On The Regret Rights In PRC-review On Article 25 Of Consumers’ Protection Law

With economical development and social progress, online shopping becomes the indispensable part of humans’ life. Each electronic commerce company will take any method attracting consumers to buy their goods including prize reduction dramatically. The reduction of prize will lead some consumers to buy something they do not really want which result in the regret of consumers. The new Consumers’ Protection Law preformed in March 15,2014 definitely stipulates the right of withdrawal of consumers in article 25 and provides consumers legislative authority to return the goods without giving a reason. Because of the expressly stipulation of the right of withdrawal, the problem is deserved to be discussed both in theory and practice. Thus, it is important to do systematic exploration and study on it. In addition to the introduction and conclusion, the article is divided into three parts.The first part is about definition of right of withdrawal. To correctly know about the nature of right of withdrawal, we must learn about the likely stipulation of other country. In order to do the research on the present stipulation of right of withdrawal, we should know about the origin and development of right of withdrawal.The second part will analyze the right of withdrawal, just like the regret rights in China, in Directive 2011/83/EU OF the European parliament and German Civil Code And I will analyze the exercise of right of withdrawal, period of right of withdrawal, passing of risk, the direct cost of returning the goods and exceptions from the right of withdrawal in these two legislations.The third part is about the perfection of the institution of right of withdrawal. Combined with the experience of legislation of foreign country, it expresses the legislation of author through legislative proposals, and proposes that we should be clear the problem of risk burden, the period of exercising regret rights,the exceptions from regret rights and determination of keeping goods in good condition, in order to perfect the relevant legislation.