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Research On The Legal Issues Of Consumer Right Of Repentance To Online Shopping In China

Posted on:2019-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:J LuoFull Text:PDF
GTID:2416330575972218Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The new type of shopping consumption represented mainly by online shopping and television shopping has developed rapidly in recent years,and has gradually become a shopping choice for large consumer groups.It also increasingly allows consumers to continue to obtain more convenience and benefits.The original ways of protecting consumers’rights and interests began to appear inadequate in the face of increasingly complex consumer styles,failing to better protect consumer rights.The establishment of consumer’s right to repent makes up for the lack of protection of consumer rights under irrational shopping conditions,and also provides more options for the settlement of trade disputes.The consumer’s right to repent as an economic law right that protects the rights and interests of consumers is inseparable from the concept of freedom of contract,substantial fairness,balance of interests,and tilted protection.It is necessary to regulate the economy while also Pay more attention to the balance between legislation and the coordination of the interests between the operator and the consumer.At the same time,its establishment and application do not deviate from the principle of transaction freedom,but at the same time it is an extension of consumer’s right to know and can better reflect the pursuit of substantial fairness.Due to the fact that the existing laws in China have more principles,broadness,and guidance on the right to repent,such as the scope of application of the right to repent,the period of exercise of rights,the way in which the rights are exercised,the legal consequences of the exercise of rights,the standard of good product,and the return of goods.The procedures and links are still not perfect,and there is a practical application of this right in practical application.The foreign legislation concerning the protection of consumers’ rights and interests has its own relatively obvious and gradual historical development process.The legislation and application of the right to repentance have played an important role in safeguarding the rights and interests of consumers,especially regarding the scope of application and exercise period of the right to repentance.There are more mature approaches.The scope of application of China’s online shopping consumer’s right to regret is relatively narrow,and the refinement of the existing scope of application should provide useful experience for the application of the right to repentance in more areas of consumption in the future.The exercise period of foreign repentance rights is very focused on both the starting standards and the obligation to inform,and it is closely related to whether the time limit for consumer remorse is communicated to the operator,so as to provide the necessary protection for the exercise of consumer rights.At the same time,in order to reduce the negative impact of the improper exercise of the right of repentance on the normal exchange,the practice of allowing the use of the right of repentance through the establishment of a certain amount of limits is also a necessary and reasonable constraint for the exercise of the right to repent.The interests of both parties are a better maintenance.This paper,based on the study of the legislative situation of the major developed countries,puts forward some suggestions for improving China’s right to repent,based on the status quo of the application of the right to repentance in China.
Keywords/Search Tags:consumer, right to repent, online shopping
PDF Full Text Request
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