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Research On The System Of Online Shopping Consumers' Right Of Revocation

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2416330620463763Subject:legal
Abstract/Summary:PDF Full Text Request
Online shopping is a popular shopping mode in recent years,which has brought many benefits to people.Online shopping saves people time,compared with the traditional model,the price is preferential.Because of the virtual nature of the network,people can not see the real goods,which brings opportunities for operators who have a fluke mentality to seek improper interests and causes damage to the rights and interests of consumers.For the sake of figuring out the matter by asymmetric information,we stipulated in law the right of consumers to return goods without any reason,which not only protected the interests of Chinese consumers,but also cracked down on the improper behaviors of network operators.As a result of establishing this system for the first time in our country.there are some shortcomings in many ways,including the scope of application and the period of implementation,which either cannot fully protect the interests of consumers or increase the cost of operators,which violates the original intention of the legislation.This paper makes a comprehensive analysis of theory and practice,what's more,perfect the system of consumer's right of recourse.In a word,this system can bring into full play.Expecting the introduction,it is divided into four parts.The first part is the theoretical research of online shopping consumers' right of regret.The nature of the consumer's right of revocation is the right to cancel the contract,which belongs to the category of forming right.The characteristics of the right of revocation include legality,definiteness,unreasonableness,unilateralism and so on.As a law principle,it relies on legal basis and economic basis as the foundation.The second part is the main problem of consumers' right of going back in online shopping in China.Online shopping can not only purchase physical goods,but also purchase services;In the second place,in terms of the exercise period,the provision of the period lack of variety,and the starting point of the period is not flexible.And exercising the right of revocation lacks of restrictive provisions,it leads to the abuse of consumers' rights;Finally,there is the problem of unscientific freight burden.In addition,relevant supporting measures for consumers' right of revocation are not perfect.The third part is the consumer right of reversion system overseas.Through the study of the system of the right of reversion,it is found that it is perfect and advanced in the scope of application,the period of the right and the limitation of the subject in the process of exercising the right.It provides a reference for consummation of online shopping consumers' right of regret system in China.The fourth part is the consummation of the legislation of consumers' right of going back in online shopping.This section makes recommendations for existing problems.This paper argues that the service and prepayment should be included in the object scope of the right of revocation,and we should limit the scope of the subject.Of course,we should set the the period of exercise flexibly and set the mechanism of operation sharing scientifically.Not only but list,our country should strictly restricted the exercise of the right of revocation.In order to ensure the smooth exercise of the right of revocation,it is necessary to improve the relevant provisions of credit evaluation,the supervision and management system,the dispute resolution mechanism system and other supporting systems.
Keywords/Search Tags:Online Shopping, Consumer, Right to Go Back on Our Word
PDF Full Text Request
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