On The Legal Application Of Consumers’ Regret Right System In China

The system of Consumer Regret Right design comes from abroad. The aim of setting up this system is to endue the consumer a period of hesitation, let consumer avoid from jam from the operator side and make precise consumer choice, then balance the consumer and operator interests. In October 25,2013, Twelfth Standing Committee of the National People’s Congress of the fifth meeting of the Second revise the People’s Republic of China Consumer Protection Law, bring about the latest Consumer Protection Law(the following abbreviation Consumer law). Fortunately, as the Consumer law first modification after implemented for 20 years, Article 25 introduced consumer regret right system. This system endow consumer unilaterally terminate the contract after contract; this is a modification of the Consumer law highlights.Now the new amended law has been many problems in practical application after the implementation of more than a year. We believe that the system appears many problems in practical application. Details as follows:first, the trading patterns are uncertainty. The law article gives the trading patterns less range, resulting in many people can not be determined in practical application.second, fuzzy exceptions by law. Because different policies in different shopping platform, these make consumers very confused. Third, it is hard for consumers to define their exercise period. Article does not define how to "receive", leading too many consumers have less time to return of goods in practice. Forth, commodity in good condition criteria is inconsistent. The article does not give what is "commodity in good condition", so that when consumers exercise their regret right, disputes will producing between consumers and operators.fifth, the regret right system to abuse. Not only consumer will abuse the right, but also many operators who will damage the interests of other operators. If these questions can not be solved, it will contrary to the purpose of the establishment and can not fully protect the interests of consumers.The regret right system have been appears many problems in practice because of the imperfect law and imperfect related measures. Therefore, for these practical problems, we think that there are several methods to solve these problems. First, expand trading patterns; Second, clear the exceptions; third, clear exercise period of consumers; forth, define commodity in good condition criteria; fifth, take initiatives to prevent the abuse. Apart from this, in order to the system to better implementation, it is important to improve the supporting measures.we thinks that:first, enhance legal awareness of whole people; second, spread experiential consumption patterns; third, to perfect the responsibility of third-party trading platform provider; forth, set up Consumers’Association Mediation Center and Industry and Commerce Department tip off center. In our view, to a certain degree, these measures can make the system applicable better and safeguard consumers’ interests more fully.