Research On The Issues Of Consumers' Regret Right In Online Shopping

With the rapid expansion of e-commerce and the increasing prosperity of online shopping in China,the disparity in economic strength and the "remoteness" of online transactions cause that the information access of both parties has become more asymmetric and consumers' weaker position in transactions has become more prominent.Transaction disputes and social issues are becoming increasingly prominent.Legislation is urgently needed to solve these problems.So,the new "Consumer Rights Protection Law" amended in2013 formally introduces the right-to-regret in Article 25.This right is established based on the weak position of consumers,with the goal of achieving substantive justice,which has a far-reaching positive impact.However,there are issues still needed to be resolved.This article takes the online shopping consumer's right-of-regret as the research object,clarifies its specific connotation,main characteristics and legal nature.and clarifies its development context and current status on the basis of accurately positioning its value.However,the right-to-regret as an imported product,the relevant detailed rules and supporting systems have not been perfected.Therefore,this article discusses the problems exposed during the implementation of this right by analyzing relevant authority investigations,mainstream e-commerce enterprise network data,relevant cases,characteristics of the network trading platform and relevant regulations.The problem mainlymanifests in the following aspects: First,the scope of application of this right needs to be expanded.There are legislative vacancies for the application of the areas of social e-commerce,cross-border e-commerce,and services.Secondly,the provisions that exclude the application of the right-to-regret are ambiguous.Failure to elaborate on the provisions of the four types of statutory exceptions.Lack of consumer confirmation procedures for these four types of commodities.There are legal loopholes in the "commodity nature" and "consumer confirmation" conditions that are scheduled in the clause about the agreement to exclude the application of the right-to-regret.Thirdly,the period of exercising rights is insufficient.The one-size-fits-all period of rights lacks flexibility,and the provisions for calculating the starting point during the period are flawed.Finally,the problem of abusing online shopping consumers' regret rights is prominent,and even leads to serious social problems.In response to the above problems,this article proposes corresponding suggestions based on the analysis of the main practices of the right-to-regret outside the country and on the basis of China's legislation and practical experience.Need to clarify the application of social e-commerce,cross-border online shopping and service products in the right-to-regret and improve their corresponding supporting regulations.Improve the rules that exclude the application of the right-to-regret through detailed provisions,integration of product catalogs,and confirmation procedures.Define the starting point of the right period,the prerequisites for the period calculation and the flexibilitychange of the right period.Clarify the sharing of responsibilities and obligations of online consumers and operators,rationally restrict consumers who abuse their rights,gradually improve the relevant laws,and form a comprehensive legislative system.finally to establish a benign online shopping transaction environment and promote the stable development of the Internet economy.