The Research On Consumer's Right To Regret In China

Consumer's right to regret refers to consumers are entitled to unilaterally cancel the consumption contract without any reason,and do not have to bear the liability for breach of contract.As a special protection for consumers in shopping mode such as online shopping,the right to regret system has been clearly stipulated in the legislation of many countries,and there are also some realistic foundations and institutional requirements in our country.The development of e-commerce in China is developing rapidly.Taobao,online shopping platform,has become the first choice for many young people.But online shopping is often seen in consumers' regret after seeing the real thing.However,the new consumer rights protection act,which is newly promulgated in China,has clearly stipulated the right to recall,but it is not perfect,which is not conducive to the effective protection of consumers' rights and interests.Based on this,in this paper,the causes of problems in Chinese legal system of consumer's right to regret in our country are analyzed,especially for the concept,nature,applicability and necessity of the consumer's right to regret,and the provisions of consumer's right to regret in the current existing legal system,the system of consumers' right to regret is deeply analyzed in the theoretical and institutional level.At the same time,combining with the typical cases in concrete practice,this paper summarizes and analyzes the universal and representative problems of the current Chinese system of consumer's right to regret.On this basis,this paper made a comparative study with the legislation of the right to recall system abroad,and analyzed the system rules with reference to foreign countries,and then put forward suggestions for improving the legal system of consumers' right to recall in China.Firstly,in the construction level in the system,we should improve the subjectivity and the supporting legal system.Secondly,in the system operation level,we should clarify the rights and obligations of the two parties,clarify the responsibilities and obligations of both sides,and better implement the system.Finally,in the aspect of institutional relief,we should improve the corresponding guarantee and relief mechanism,especially relying on the current big data era,and give full play to the driving role of big data to the system of consumers' right of recall.Finally,we conclude that the Law on Protection of the Rights and Interests of Consumers in China should take the responsibility of standardizing market transactions,especially online shopping,define more clearly the scope of application,time limit,method of application,legal consequences and other elements of the system of consumer's right to regret,and better protect consumers' rights and interests,enhance consumer confidence in shopping,and promote the healthy and stable development of China's market economy,especially e-commerce.