Research On The Standard Of "Regret Right" Of Online Shopping Consumers

Online shopping has increasingly become the preferred trading method for consumers.Its convenience and low barriers have also attracted many operators to continuously expand their trading scale through online platforms.According to the behavior and experience of both parties in the practice of online trading in the past years,China officially brought the "regret right" of online shopping consumers into the public's field of vision in 2013.Online shopping consumers' "regret rights" were originally proposed by the United Kingdom and later introduced to China.It is the right of unilateral return to online shopping consumers within seven days without any reason and without liability.The original purpose of the "regret right" was to eliminate as much as possible the information asymmetry caused by the characteristics of online shopping transactions by consumers and operators,to protect the legitimate rights and interests of both parties,and finally to achieve a balance of interests between consumers and operators.The current relevant laws and regulations focus on the use of a large space to explain the application of "regret rights",and focus on the obligations and legal responsibilities of online commodity operators and trading platforms,to regulate and limit their behavior,but not for recent years,towards an increasingly effective over-exertion of the "regret right" phenomenon to make effective regulations or restrictions,induce some online shopping consumers to have speculative psychology,drill the loopholes in the legal system,and excessively exercise for the purpose of malicious returns,short-term use,etc.The right,which damages the legitimate rights and interests of the operators,but also exacerbates the imbalance of interests between the network transaction operators and consumers,contrary to the original intention of the"regret right" system.This paper focuses on the over-exertion of online consumers' "regret rights",and focuses on the status quo of China's legislation,relevant theories,the core of over-exertion behavior,and the establishment of normative mechanisms.China's current legislation on online shopping consumers'"regret right" focuses on protecting the legitimate rights and interests of consumers,restricting consumer behavior,and the information asymmetry of online shopping.As a result,some consumers excessively exercise the "regret right".Through the literature research method and case analysis method,this paper enumerates the common means of excessively exercising the "regret right",and briefly describes the disadvantages of excessively exercising the"repentance right" of online shopping,which affects social efficiency,disrupts market order,increases transaction security.According to the analysis of balance of interests,the principle of credit,the principle of prohibiting abuse of power and the principle of contractual justice,demonstrates the necessity of regulating the excessive exercise of the "regret right" behavior.The core issue of the current normative exercise of "regret right" behavior is that what is "excessive" is also difficult.The key is to define "abuse" with reference to the principle of prohibiting abuse of power,that is,consumers need not to damage the legality of the operators.At the same time as the rights and interests,the right to "regret" is justified.In the establishment of the normative mechanism,the dual institutional construction of ex ante prevention and ex post regulation has been proposed,that is,the starting point of the "regret right" amount from the legislative level,the usage fee,the blacklist system at the level of the online trading platform,the credit rating system and the operators' right relief and consumers' legal liability are detailed.Restricting the "regret right" of online shopping consumers and establishing a restriction mechanism for online shopping consumers can not only guide consumers and operators to exercise their rights according to law,fulfill their legal obligations,and bear relevant responsibilities.At the same time,it provides a realistic way to achieve the balance of interests between consumers and operators,in order to achieve the rights and interests of operators and consumers as much as possible,to obtain their own interests within their reasonable limits of conduct.In addition,this has preliminary significance for the improvement of China's network transaction regulation mechanism and the maintenance of the original intention of establishing network transaction regulations.