Research On The Application Of Consumer Online Shopping Regret Right

The fifth session of the twelve National People’s Congress Standing Committee adopted the decision on Amending the law of the people’s Republic of China on the protection of consumer rights and interests of the people’s Republic of China. The new law was implemented in March 15, 2014. The amendment of this law involves a wide range of contents, and has made a relatively clear provisions on the compensation of punitive damages, the way of litigation, the protection of consumer’s rights and interests. Which clearly to consumers have shopping of consumer’s right of rescission provisions, for the first time for consumers to have the opportunity to "cooling off period" and "regret", which is to protect the rights and interests of the consumers towards a big step, but also reflects the normative market economy development an important step. System of regret right in the legislative system of our country still belongs to the initial stage of exploration, especially in the mode of network shopping’s right of rescission applies special research is less, the actual operation of the network shopping pattern under the right of revocation of the application of existing rules is not clear, the applicable exercise elements is not clear, to restrict the application of constraints such as lack of many aspects of the problem, while the operator from their own point of view of deliberately repudiate’s right of rescission, distort the system of regret in the implementation of standards are not accounted for a small proportion of the and the perfection of the system of regret right implementation responsibilities.This paper is divided into four parts:The first chapter’s right of rescission. Introduces the characteristics of the system of regret right concept, the system of regret right background, national system of regret right status, China’s right of rescission system,’s right of rescission of the economic law value, network shopping way under the right of revocation of the applicable value and significance. Through a comprehensive review of rescission statements, as a basis for the study of the right for the following.Analysis of applicable conditions and status quo of the second chapter of online shopping regret right. Through the analysis of the applicable conditions of the network shopping consumer’s right of rescission from legal exclusion provisions and practice of contract provisions of analyzing application of’s right of rescission. Also on the current application of network shopping consumer’s right of rescission from the applicable rules, applicable elements, limiting constraint conditions begin analysis of covering operators inform obligations, rights application deadline, return procedures, exercise specific elements, abuse of the system of regret right and unfair competition, the implementation of the use right of rescission to analyze the problem, put forward network shopping pattern under the applicable provisions of the consumer’s right of Rescission in legislation there are deficiencies.Research on the application of the third chapter online shopping special commodity right problem. The current popular network in the sale of special merchandise, divided according to the nature of the goods for large amount of valuable and instant commodity trading, investment class commodity interest, long-term trading commodities, scouring the sea goods four categories respectively applicable situation analysis, and strive to that special net purchases of goods anti right regrets for improve the significance and clarify the right of rescission application need to be extended to solve the problem.The fourth chapter of consumer online shopping right for suggestions. On Consummation of the scope of application of the commodity development and rules applicable to the further perfect and suitable exercise elements of clearly defined, limit the application of constraint rules for the introduction, supporting mechanism construction started to improve the applicable provisions of the right of rescission and safeguard mechanism, perfect the system of consumer’s right to regret.