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Online Shopping Consumer’s Right To Go Back On Our Word Development Present Situation And The Judicial Improve

Posted on:2017-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:X L CuiFull Text:PDF
GTID:2296330503459429Subject:Law
Abstract/Summary:PDF Full Text Request
Consumers’ right to go back as on the telephone, mail order, such as network remote trading for a relief rights of protection of consumers, its development and improvement has been the focus of society.On March 15, 2014 in the revision of the "consumer rights and interests protects a law" for the first time the introduction of consumers go back on our word right system, and from the perspectives of the applicable scope and duration, has made the corresponding provisions. The perfection of laws and regulations to exercise of the right of consumers go back on our word truly the laws.According to the latest figures show,in 2015 "double a" hit a turnover of more than 91.2 billion yuan, clinch a deal in which wireless accounted for 68%.And seemingly proud achievements but hides a lot of ants "brush list".Recently has the financial media showed the double tenth part after a Tmall big sellers return rate, return 57.4 billion, fake goods rate reached 63%.After shopping boom ushered in the return of the tide, "7 days return" has been applicable "incisively and vividly.In view of this, the latest revision in China < consumer law for protection of rights and interests > is introduced for the first time consumer’s right of rescission, and the applicable limits.Prior to this, some operators in the trade of the network, although have begun for the system, such as Taobao’s "seven days no reason to return goods" and other provisions, but most of them are not standardized. The modified first with clear legal provisions to regulate the system, for consumers and the camp has extraordinary significance.Through analysis on online shopping consumer rights of rescission of the basic theory, combined with the domestic and foreign research present situation, pointed out that currently still against illegal online consumer behavior, and finally find out the problems of existing encroaches upon the consumer’s right to regret measures, designed to fully and reasonably safeguard consumer’s right to regret, enhance the consumers confidence in online shopping, to pave the way for the development of online shopping to achieve in the protection of the legitimate rights of online shopping consumers at the same time, the balance of consumers and business operators related interests. The full text is divided into six parts:The first is the introduction, summarizes our country present stage online shopping consumer’s right to regret the research background and significance, research methods, domestic and foreign research status, simple leads to online shopping consumer’s right to regret this concept.The first chapter is the online shopping consumer’s right of rescission of the concept, the origin and development are summarized. The analysis of the system of regret right the essence and legal nature, and the right to revoke the contract, the system of cooling off period, product recall system concepts.The second chapter is to legalize describs the regret of online shopping consumer rights after the practice of the status quo, combined with the real case, this paper analyzes difficulties in the realization of the right of online consumers go back on our word and go back on our word right in practice are faced with the problem, effective thinking.The third chapter is based on the virtue and our country Taiwan area studies of consumers go back on our word right system, combined with the corresponding examples were analyzed, concluded that regret for China’s online shopping consumer rights to provide corresponding to the development and perfection.The fourth chapter is applicable to the right of online consumers go back on our word to the specific. On the basis of the advanced experience of foreign, combined with China’s specific national conditions, from four aspects, puts forward some Suggestions of perfecting back right, perfect relevant legal system, increase of online consumers go back on our word right of legal supervision and improve the online consumers back the right of the judicial relief mechanism, and strengthening the protection of right of online consumers go back on our word of propaganda and education, etc.
Keywords/Search Tags:Online shopping, Right of rescission, Right to learn the truth, Administration
PDF Full Text Request
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