Research On The Application Of The Legal Rules Of Online Consumer's Right Of Repentance

At the fifth session of the Twelfth National people's Congress,on the morning of 25 October 2013,the decision on amending the Consumer Rights and interests Protection Law(hereinafter referred to as the "Consumer Law")was adopted by vote.On 15 March 2014,the newly amended "Consumer Law" was formally implemented.Article 25 of the Consumer Law stipulates that goods purchased by means of television,telephone,Internet,mail order,etc.,shall enjoy the right to return and exchange goods without giving reasons within seven days of receipt of the goods.On January 6,2017,the State Administration for Industry and Commerce(SAIC)issued an order No.90 of the State Administration for Industry and Commerce(SAIC)to announce "7 days of online purchase of goods".Article 3 of the interim measures on unjustifiable return of goods clearly stipulates that sellers of online goods shall fulfill their obligations for 7 days without reason to return goods in accordance with the law.This "interim measures" has refined the seven-day unjustified return rule stipulated in Article 25 of the "Consumer Law",and the introduction of this "measure" reflects even more the protection of consumers under the environment of online shopping.And for the development of online shopping environment provides a positive role.Any brand-new system is not complete at the beginning of its emergence,and it needs to be improved and perfected with the development of the market.The purpose of this paper is to study the consumer's right to repentance and to elaborate its significance and positive effect.At present,there are some deficiencies in the development,and put forward some perfect suggestions and opinions,so as to ensure the realization of the purpose of legislation.This article starts from the case,firstly through the analysis and explanation of several cases,reveals the deficiency of the consumer's right of repentance in practice at present,and carries on the relevant theoretical analysis to the consumer's right of repentance.Put forward the problems to be solved as well as the related proposals.The thesis is divided into four parts: the first part is the demonstration and analysis of the case,which leads to the problems existing in the practice of the consumers' right of repentance in our country at present;The second part first introduces the development history of the right of repentance,explains the emergence and development of the right of repentance at first,discriminates the related concepts,and explains the theoretical basis of its existence.In the third part,by explaining the right of repentance to consumers,we can reduce the insecurity of consumers and avoid the loss caused by impulse shopping.Promote the network economy purify the net shopping environment and so on several aspects to explain the construction consumer repentance right realistic significance.The concrete rules of the right of repentance exist in practice the disputes and imperfections of the system of consumers' right of repentance in judicial practice are analyzed in detail,such as the lack of clear definition of "commodity integrity" and the uncertainty of the time for the exercise of "right of repentance".The fourth part analyzes and studies the related problems according to the theory and practice of consumer's right of repentance law,and tries to put forward some perfect suggestions and countermeasures.