On Consumers' Right Of Regret In Online Shopping

The consumer's right of regret is an exotic product to China.It was first established in 1964 in the UK's Leasing Trading Act.Subsequently,Germany,the United States,and the European Community(the European Union)passed legislation to give consumers the right to regret.At that time,the development of capitalism entered the monopoly period,and the emergence of big enterprises changed the original relatively balanced market pattern.Consumers were absolute weakness during this period.On the one hand,the emergence of new transaction models such as home trading and remote trading has caused consumers to fall into the predicament of mental weakness and information weakness.In home transactions and remote transactions,the meaning of consumers is often disturbed,and it is easy to lack sufficient information.Under the circumstances,make an unrealistic meaning.On the other hand,the emergence of large-scale monopoly enterprises and the proliferation of format contracts have caused consumers to lose room for freely selecting and negotiating the main body of the transaction and the content of the contract.Therefore,in order to safeguard their own rights and interests,the consumer movement is booming.On the one hand,legislators are forced by the pressure of consumer movements,and on the other hand,they need to protect their social equity and substantive justice.Consumers' right to regret is born under this background and has been widely developed.In China,with the rapid development of economy and network technology,online shopping has become more prosperous.While online shopping brings convenience to people's lives,it also causes many disputes.Consumers cannot check and try out merchandise when shopping online,and operators' exaggerated promotion of merchandise can easily make consumers impulsive.Because China's online market is not mature enough and relevant legal systems are not perfect,consumers will not be able to protect their rights afterwards.In this regard,the consumer protection right was formally established when the "Consumer Protection Law"(hereinafter referred to as "The Consumer Law")was amended in 2013.The birth of consumers' right of regret has played a pivotal role in protecting the legitimate rights and interests of online shopping consumers.However,since it is the first legislation,the relevant regulations are still relatively simple and there are many problems in practical application.In order to remedy the omissions in the legislation and solve the problem of legal application,the State Administration for Industry and Commerce promulgated the "Interim Measures for the Return of Goods to the Internet for Seven Days without Reasons"(hereinafter referred to as the "Online Shopping Measures").However,the "Online Shopping Measures" still evaded some key issues.Consumers' right of regret has many deficiencies in legislation and practice.This article is based on this premise,researches and analyzes consumer's right of regret,tries to combine domestic and international experience,puts forward some suggestions,and hopes to help improve the system in the future.This article is divided into five parts.The first part is to put forward the problem part,which mainly introduces the practical dilemma and theoretical dilemma of the application of the right to regret of online shopping consumers in China.The practical dilemma mainly discussed the issue of Haitao's merchandise,the difficulty of applying the right to regret of second-hand goods,and the abuse of the right of regret by consumers.The theoretical dilemma is mainly due to the incomplete disclosure obligations of operators,the vagueness of the exercise of counterfeiting rights,the lack of risk-burden rules in the process of return,the lack of value-recovery obligations,and the imperfection of rights protection mechanisms;The second part is the basic exploration part,which mainly considers the connotation of the consumer's right to repent,and establishes the justification basis for the consumer's right to repent,and resolves the conflict between consumer's right to repent and the theory of civil law.The third part is the comparative analysis section,which mainly compares and analyzes the extraterritorial related legislative processes and legal rules.The fourth part is the problem research part,which mainly compares and analyzes the Chinese consumer's right to regret and the related systems in the contract law,mainly to solve the consumer's right to repeal rights in the upper level;the fifth part is to solve the problem,mainly to address the aforementioned issues.Put forward corresponding suggestions,such as clarifying the applicable objects,detailing the rules for the exercise of rights,and improving litigation and dispute resolution mechanisms.