On The Consumer’s Right Of Regret

With modern means of living standards, businesses through the Internet, television shopping and other modern means of selling goods, consumers in the process of purchasing goods will face a variety of options, businesses in the process of advertising products may exist in the process of advertising, consumers in the process of purchasing goods, because consumers can not fully understand the full range of products, consumers in the purchase of goods, so that consumers in the process of buying and selling contract, so that consumers in the process of buying and selling contract, so in the event of the sale contract, consumers are in the weak side, does not comply with the requirements of the contract, so by giving consumers the right to regret. State, the right of Consumer Regret system reflects the economic law of the country to a certain extent, the economic operation of the control and intervention, is the embodiment of the spirit of the legislation of the protection of the interests of the balance of interests.In this paper, we discuss the right of consumer regret from four aspects:First, in the category of contract justice, the significance of the right of consumers’ right to regret is analyzed from three aspects: freedom of contract, information equality and economic justice. The parties can independently determine whether the contract is concluded in accordance with their own meaning and the implementation of the consumer’s information. It is of great significance. In the course of the exercise of Consumer Regret right, justice is the ultimate goal. In the course of the exercise of Consumer Regret right, justice is not only reflected in the process of the exercise of Consumer Regret right. With justice requires that the conclusion of the contract, in the case of fair and equality, before the conclusion of the contract, the parties must ensure that they have the ability to take responsibility and fulfill the contract. At present, there are many problems in the field of consumer protection, such as the cost of consumer’s trust in the seller, the cost of the disputes in the process of consumption, and the need of consumer rights protection.The second part is consumer’s right of regret related characteristics were studied. That is the right of consumers to regret the existence of non-sexual, unidirectional and statutory. This article points out not because of the characteristics of the problem to be solved, and the effectiveness of the act, by comparing the current German law to answer these two questions, indicating that consumers are not due to withdraw from the contract(ie unconditional), and is not responsible for the. In unidirectional process analysis right enjoyed by consumers regret the points classification on the basis of legal relations, pointing out the right of consumers to regret as a right unique to the consumer, because the consumer is not between economic status and operators balanced, resulting in one of the operators do not enjoy this right, they need the consumer side of the transaction is inclined to give some protection to the rights of consumers said that according to its own unilateral exercise of meaning, balance of consumers and operators unequal status between the substance of the contract for the realization of justice plays an important role. This chapter also presents regret statutory rights of consumers to exercise the right to regret the premise and basis of consumer rights is to be regretted by the constitutional law of fundamental economic and social rights in concrete form, the rules of the spontaneous formation of social rights be a statutory body, is the exercise of the right to regret consumer protection is a limitation thereof.The third part is about the three kinds of rights of Consumer Regret right attribute. Through the study of the right to say, regret right, the right to say, the right to decide, the conditions for the exercise, and the exercise of the conditions, and through the relevant provisions of foreign laws to draw three kinds of rights. Combined with China’s "contract law" provisions of the five right of revocation, pointed out that the fees are right to regret in a certain sense can be regarded as a kind of right of rescission, in fact, this way is through to revoke the contract in accordance with the law, to achieve the. Consumer’s right to regret is the fulfillment of the contract for the sale of goods of the right to regret, for not performed or not yet fully performed for the sale of goods of the right to regret, which belongs to the typical contents of the termination of the civil contract, using the lifting of the legal principle can be solved. In this period, the consumers can decide whether the contract is already in effect, but the contract is not effective, and it depends on the consumer’s decision to contract and the contract will be effective after the expiration of the contract.Finally, under special circumstances, in the process of exercising consumers’ right to regret the discussion, it means that the disorder, the statutory period of change, the transfer period of regret right circumstances and research exercise, by comparison with the exercise of sympathy not regret right, the regret right is not applicable to all fields in the circulation of commodities, consumers and operators of information asymmetry, remote transactions, the new consumer law provides consumers the right to regret, is the legitimate rights and interests of consumers timely relief, maintain market order and fair trade, but as a result of the legal practical application process will face many practical problems, special the research for this problem to carry out is still relatively small, so in-depth study of the rules of the exercise of the right to regret, and the introduction of the corresponding specific provisions is necessary.