Research On The Exercise Of Customer Regret Right

On implementation of regret right in article 25 of new consumer's interest protection law,first of all we should understand the definition,nature formation,development background and characteristics of regret right,as well as range of returnable products,making clear the understanding and further legal interpretation in practice of words such as "returns","integrity","burden of proof',"seven days limit" etc,in application regret right involved some "exception to application" to sellers" terms,the related nature and legal effect are still need to be further refined,supplement and study thus to carry out legal and reasonable analysis.By comparing regret right with related systems,highlight the uniqueness and novelty of regret right,and proposed some problems need to pay attention to in practice about regret right,so as to make full use of "free reason for return in seven days" in new consumer's interest protection law and effectively protect consumers' rights and interests.About the distribution of burden of proof in demonstration process of regret right,this paper adopted a comparative method,taking reference to distribution of burden of proof about e-commerce's online shopping in American and Germany to provide further approve and reference,argued that different subject of e-commerce should take different responsibility and content of burden of proof,taking seller and buyer as center,at the same time involved the burden of proof of express company and related third party trading platform to make the content will be reasonably distributed and refined.The reason for introduction of comparative method is by answer and description of related regulations of other countries to provide certain reference value for China's development of e-commerce.The author reviewed related questions about regret right,including related fees on implementation of regret right which is closely related to economic interests of consumers,for convenience of discussion we divide it into burden of distribution cost,freight insurance,and commission charges three aspects.At the same time according to issue of commission charges,the author divided this question into two questions and proposed to charge appropriate fees under certain conditions and deduct returns,the premise is to make a reasonable negotiation with customers.In addition the author also discussed time limit of implementation of regret right in detail to prevent that consumers can't exercise their regret right because of overdue.As well as some problems need to pay attention to in lawsuit of regret right,and put forward behavior of right abuse in practice which will result in malicious exercise of regret right,it also violated the principle of abuse of rights in civil law,the market should guide and regulate these groups.The release of article 25 of new consumer's interest protection law and"guidance of free reason for return in seven days about online purchased products"released on 6th,February,2016 by SAIC(exposure draft),interpretation of regret right has become more specific.The author also proposed related opinions and Suggestions on legislation of regret rights,including applicable scope of regret right,defining standard of product's integrity,unifying the principle of dispute settlement and establishing a personal credit system on remote trading.I believe that with the improvement of legislation and practical experience,as well as the spirit of moving with the times in China's legislation,the regret right system will play an important role in future e-commerce.