The Research On The Protection Of Consumers’ Regret Right In China

One of the characteristics of the new "Law on Protection of the Rights and Interests of Consumers" is to add the new system of regret rights which means one could return the goods without reasons in seven days. Though the implement of this new system after such a long journey responds to people’s expectations, it also shows some unsatisfactory respects. In this essay, the author would analyze the improper points of this new system from different angles and hope to contribute the modest strength to the perfection of the system of regret rights in the new "Law on Protection of the Rights and Interests of Consumers". It has been more than two years since the implement of the new "Law on Protection of the Rights and Interests of Consumers", just as the emergence of any valuable things would trigger calls for perfection, the system of returning the goods without reasons in seven days is no exception. According to the related data mentioned in the briefing by the national association of consumers in March 2015, during the period of the implement of the new law to March 2015, the association accepted 580214 cases of consumer complaints, and 497638 of them has been solved. These data shows a trend of growth compared with previous years. At the briefing, the association put special emphasis on the problems of online business existing in the fully apply of the system of returning the goods without reasons in seven days, including the standard of the return and the application scope of this new system. In this paper, the author finds some issues through the analysis of some relevant datum, typical cases, and the study from the western countries’legislation, and trying to find out the solutions to the issues. The author hopes these solutions would help the new system progress smoothly in the orbit of the law, and make contribution to the effective implementation of the protection of rights and interests of consumers. The author also carries on analysis from the justice and morality, and considers interests of all market subjects of the socialist market economy putting an end to the "one size fits all" mode. The author holds that in practice there are three main points which would affect the enforcement of the new system:the imperfection of the law, the lack of business integrity,the limitations of social supervision. In this paper, the author makes a detailed explanation, and finds out five methods to solve the problems. Only by revising and perfecting the law constantly, can it comply with the purpose of the legislation and achieve the best effect.