The Further Construction Of The System Of Regret Right

Consumer protection has taken a big step when "consumer rights and interests protects a law" explicitly added consumer regret right system on March 15,2014. But consumer regret right systemof China is still at the early stage, compared to the the corresponding system abroad which is mature and complete, need to be further in-depth analysis its theoretical connotation and complete the system of further build. This article through on Consumer Regret right theory of legitimacy analysis and find support consumer regret in the establishment of the system of three theories:vulnerable situation of consumers, consumers from contract freedom to justice, civil law background of tilt protection, and take this as the theory premise, problems existing in combination of the current legislative situation of our country, draw lessons from foreign legislation mode and concrete design, further build China’s Consumer Regret right system.This paper is divided into four parts:In the first part, the definition of consumers’ regret right is defined. The definition of consumers’right to regret specifically from three aspects, namely, the name of the consumer regret, the meaning of regret right and the difference between the relevant concepts. This part is intended to clarify the basic connotation of the right to regret, as the following analysis theory to do the groundwork.The second part is the core content of this article. This part thoroughly analyzes the legitimacy of the system of regret right. This part deeply analyzes the legitimacy of the system of Consumer Regret right, from the angles of consumer status, contract theory and the background of tilt protection of consumers to dig the right system of the theory of regret. First discusses the three reasons consumers in a weak position: unfree expresstion of intention, information asymmetry, human bounded rationality;Next, using the theory of contract develop from freedom to justice to analysis of the rationality of the system of regret;Finally this section expounds the consistency between the system of regret right and the value goal of the civil law as a pulic law.inclining to protect the consumer.The third part analyses the system of regret right from two aspects at home and abroad. Domestic part simply summarizes the Chinese consumers regret right system development course and the present situation of legislation, and points out the problems of our existing system of regret right, for targetly providing the premise to the construction of regret right system;Then analysis the foreign countries from two aspects of the legislative model and the specific design of the regret right system. The Consumer Regret right legislation mode is divided into three kinds, namely, loose type, semi unified, unified, and then selects typical countries as the representative, showing the characteristics of the legislation. Finally do the analysis summary, in order to improve the legislative model of regret right system to do the basis. In the specific design, combined with the problems existing in the institution of the right to regret it, for the countries selected the provisions are relatively complete as a representative, for the further construction of our country consumer regret right system and the specific design to provide a reference.The fourth part is from the legislation, the concrete design and the safeguard mechanism three aspects to carry on the construction to the Consumer Regret right system in our country. Legislation mainly refers to two aspects of the legislative idea and mode, this paper through analysis confirmed our regret right system future doctrine of consumer protection legislation idea direction. Based on the idea, try to analyze the will regret right into the future necessity and rationality of the civil code; In the level of specific design, combined with existing conditions, this part intends to draw lessons from foreign relevant provisions of the system of the right to regret, further construction of the specific design. Finally, from the three aspcets of the Consumer Association, administrative organs, lawsuit mechanism to propose conception of perfecting the guarantee mechanism.