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Research On The Right Of Consumer’s Regret In Shopping Online

Posted on:2017-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:W SuoFull Text:PDF
GTID:2296330503962349Subject:Economic law
Abstract/Summary:PDF Full Text Request
Along with the development of economic society, as well as scientific and technological progress, shopping online, on behalf of the new trade mode, spring up with huge potential.Therefore, consumers should enjoy a new right to make up for more serious non-equivalence between the buyers and sellers in that consumers cannot contact with the real goods in the purchase online. In order to protect the right of consumer better, Article 25 in China’s Consumer Protection Act(Amendment) formally came into effect in March 15, 2014 which regulates the Right of Consumer’s Regret in the form of law and it is accord with the appeal of scholar and expectation of consumer. Consumers enjoy the right that consumer can relieve the trade contract with operators with any reason within the statutory time limit. And there is no need for consumer to assume responsibility for breach of contract. The tilt protection is the pursuit of freedom for substantial justice and the insistence of contract freedom, which makes up the deficiency of the traditional legal system in the protection of the rights and interests of consumers’ shopping online.However, any item of the legal rights cannot play its role immediately, it will gradually improve in the process of development. Therefore, on the basis of introducing the basic concepts and characteristics of right of consumer’s regret, this paper discusses the problems existing in the implementation of the system of regret right and then puts forward reasonable suggestions. The article consists of four parts as follows:The first part analyzes the mode of shopping online, indicating shopping online has put the purchaser at a disadvantage. Therefore, it would be of great necessary to guarantee the right of consumer’s regret. What’s more, it investigates the characteristics of concept of the right of consumer’s regret and discriminates the right with other relevant rights, thus making a more clear definition and understanding of right of consumer’s regret.The second part introduces the scope of using the right and the legal consequences of the right of consumer’s regret in shopping online in China during and after using it.In Section Three, we discuss the open problems in the process of exercise of this right in depth exploration. For example, the scope of application is ambiguity, exertion of right is indispute, and behavior is not standard between buyers and sellers as well as with remedy approach isn’t smooth. In addition, the rights and interests of consumers is more vulnerable to abuse in the course of new mode of online shopping such as micro business.Some feasible suggestions for improvement are put forward according to the problems concluded in the third part. For instance, there is a need to detail the laws and regulations of the right of consumer’s regret; it’s necessary to perfect the applicable rules of the right of consumer’s regret; Consumers Association should play the role in the protection of consumer’s right; the operators ought to improve the service consciousness; trading platform play is supposed to play a part in dispute resolution. We hope that right of consumer’s regret can play a better role in protecting the right of consumer, promote the more healthy competition between operator and the healthy and orderly development of network trading.
Keywords/Search Tags:Consumer’s Regret, Shopping Online, Suggestion
PDF Full Text Request
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