The Research On The Consumer’s Right Of Regret

The newly revised “Law of the PRC on the Protection of the Rights and Interests of Consumers” provides the consumer’s right of regret,and this is the confirmation of the consumer’s right of regret in the legal system for the first time in our country.As the biggest bright spot in the revised “Law of the PRC on the Protection of the Rights and Interests of Consumers”,the consumer’s right of regret reflects the spirit of the legislation which moderately favours vulnerable groups including consumers.Consumer’s right of regret is a new system in China,so it’s concept,nature,legitimacy or rationality deserve studying and discussing.And consumer’s right of regret has been provided in the law not for long,there are some problems in the completeness and practicalities of the provision in judicial practice.Firstly,based on the legal cases of consumer’s right of regret in our country,this paper finds the problems of consumer’s right of regret in practice.Secondly,this paper studies the basic theory of the consumer’s right of regret,including the concept and nature of consumer’s right of regret,and also its fairness and justice principles,principle of freedom of contract involved.Thirdly,this paper makes a sum up of the legal rules of consumer’s right of regret,and analyzes the problems of consumer’s right of regret in practice,such as the range of application is not complete,the standard definition of “goods in good condition”——the premise of exercising consumer’s right of regret is not clear,the provision of the scheduled period is not detail and so on.Finally,under the study of the theory and practice of the customer’s rights of regret,the author of this papers propose a series of suggestions and countermeasures to improve the right,such as suggesting the refinement of the scope of the customer’s rights of regret,defining clearly the applicable rules that including determine a clear standard of “goods in good condition”,the way of exercise the right,gradually improve the scheduled period,and the obligation to disclose of the undertakings,etc.