Research On Issues Concerning Consumer Regret Right

With the continuous development of society,new shopping methods are emerging.In addition to the traditional fixed business place transactions,there are also network,television,telephone and mail order transactions.In order to protect the legitimate rights and interests of consumers,Let consumers enjoy the same rights and interests as traditional consumption under the new consumption mode.In the newly revised Consumer Rights and interests Protection Act in March 15 th 2014,the system of consumer’s right of regret was established in the form of law for the first time.This system is not created,but it has its theoretical foundation and practical significance,it is the inevitable result of consumer sovereignty theory,but also reflects the inclination of consumer protection principle,it is an important tool to realize the freedom of contract and the substantial justice.The system of the right to regret is an exotic,plus in China the implementation time is short,the related system is not perfect,it is necessary to draw on the relevant legislation about this system in foreign countries.Through the investigation of Germany,the United States and the United Kingdom legislation,can know abroad regret right system applicable scope is more extensive,the operator’s obligation to inform more clearly,the exercise of the right term is more flexible.It is worth celebrating Fortunately,the "interim measures for the unjustified return of goods purchased on the Internet on 7th",which was implemented on March 15 th 2017,has improved the system of the right of regret,adding three categories of commodities that can not be applied to the system of the right of regret.The prerequisite condition is that the consumer confirms at the time of purchase,and also defines the standard of intact and imperfect goods,etc.However,there are still some problems in the application of the right of regret system,which can easily cause disputes and lead to disputes.The main purpose of this paper is to analyze these problems and put forward some suggestions.In the scope of application,this paper holds that the right of consumer regret should be applied in the field of direct sales and door-to-door sales,prepaid consumption and some areas of service.In the applicable rules,the operator’s obligation to inform has not been clear,and this has led to disputes over the starting point of the time limit for the exercise of the right of regret;the provisions on the manner of exercise of the right of regret are not specific,except for the return of goods.Whether the goods can be returned directly without informing the operator;with regard to the bearing of freight,the law provides for whether it is reasonable for the consumer to bear the goods,although the freight insurance system may pass on the risk,But who pays the high freight of the commodity.The exercise of the right is not borderless,and the system of regret right is not a tool for consumers to abuse their rights,nor is it a means of vicious competition by competitors in the same trade,and it is in favor of protecting the rights and interests of consumers Therefore,it is necessary to establish the starting point of the commodity price applicable to the right of regret and to regulate the abuse of consumers’ right of regret.