| Now,With the progress and development of the times,tele-shopping on the rise,and stay with the traditional shopping trend.However,compared with the traditional shopping,tele-shopping there are many disadvantages,in order to solve this problem,the new consumer protection law has developed a consumer right to regret the legal system.It must be said that is a great progress,however,with the passage of time and the changes of the times,its shortcomings and lack of exposure to the public eye,which urgently need to be improved.This paper consists of four parts,Except for the introduction and conclusion.In the first part,author combed the three typical cases,through the analysis of the case reveals problems,these cases reflects the consumer regret right system exist several problems: the shortage of the inform obligation system of abuse cases lack of regulation of the power of,regret and third-party trading platform lack of supervision system.The second part : The operator tell obligation system consummation.Exercising the inform obligation to fulfill and regret right has the close relationship between,the operator told an obligation to help consumers to distinguish the right to regret and similar rights effectively,improve the efficiency of dispute resolution.At the same time,the inform obligation to fulfill the provisions of any size and responsibility,a direct impact on consumers realize the right to regret.We found from the case 1,the inform obligation law fuzzy operator to inform obligation system,the relief way lack of violation of the inform obligation,and perform the obligations to inform the problem such as distribution of burden of proof is not clear.Through analysis,we think can clear operator to inform obligation of form and content,perfecting the operator does not fulfill its obligation to inform the relief way and clear to inform obligation of the burden of proof allocation,such as ways to improve the system of operator to inform obligation.The third part o: The improvement of the abuse of right to regret regulation for consumers.Consumer abuse of right to regret is mainly manifested in two aspects: first,a few low moral quality of consumers for a free trial or just try and do not intend to pay for goods,after the trial,or try to exercise the right to regret will commodities no reason to return to the network operators;Second,the malicious use of regret using consumer identity rights for the goods through a variety of forms to crack down on other business operators,or malicious use of narrow regret right scope out terms.Through the second case,we see our existing system is lack of legal regulation for malignant consumers,consumers’ lack of credit evaluation system.To regret right abuse situation can be through the establishment of the abuse of right to regret punishment mechanism,establish the consumer and business operator synchronization of credit rating system as well as to regret right necessary restrictions and other measures to regulate.The fourth part : The system of supervision by the third party trading platform.The supervision of the third party trading platform directly influence whether consumers choose the applicable scope of the right to exercise the right to regret,regret,or even directly influence the realization of right to regret.So case three concentrations of third-party trading platform monitoring system lack of problem to be solved.Our country third party trading platform applicable rules of right to regret confusion,and its regulatory responsibilities shortcomings.Can improve the system of third party trading platform supervision from the unified applicable consumer regret right commodity standard,strengthen the regulatory responsibility of the third party trading platform,to set up the reasonable and fair business margin system. |
