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Research On The Withdrawal Right System Of Online Shopping Consumers

Posted on:2019-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhuFull Text:PDF
GTID:2436330545958643Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Online shopping has gradually become a channel for people to engage in daily consumption,due to the appearance and rapid development of emerging shopping patterns.This is followed by disputes between consumers and operators surrounding commodity trading.Because of the birth of this law,scholars have become"consumers withdrawn rights",that is,after the consumer has reached a commodity sales contract with the operator.It is still possible to submit an application for return without any reason,breaking the contract theory,at the same time purifying the online shopping market and promoting the healthy and steady development of the consumer market.This article begins with the concept of the consumer withdrawal right system.It uses partial neutral terms to define article 25 of the Consumer Protection Law,rather than the "right of repentance" outlined by some experts,to avoid making the right to exercise the subject in a literal sense.Consumers are morally disadvantaged.Afterwards,it reviewed the development history of domestic and foreign consumer withdrawal rights,summed up the characteristics and theoretical basis of their rights,clarified the main body of the rights,compared the withdrawal rights with similar other rights,found similarities and differences,and made better divide the rights to do more elaborate.In the following,targeted research was conducted on the right of rights,from the aspects of consumers' right to know information,consumption information to consumers,consumers' disadvantaged status,and consumers' freedom of intentions.In response to the problems existing in the implementation process of the new "Consumer Protection Law" four years after its revision,many areas where the rights exercise subject,object,and information disclosure need to be further identified or improved are proposed.This article starts from the perspective of comparative law on the extraterritorial legal legislation,and reviews the legislation of the United States,the European Union,the United Kingdom,Germany,and then puts forward the right to exercise the right of the main body and object of the online shopping consumer withdrawing right.Clear and concrete suggestions for the improvement of legal norms,such as occupational crackers should only apply rights in the field of food and drug online shopping;operators should fully disclose product information;the object of the consumer's right to withdraw should be expanded from the current single commodity to intangibles such as services and e-vouchers;regulations should further refine the situation of "good" products according to the nature of different commodities,and make it a requirement to not affect the re-sale of operators.We will further strengthen the role of online shopping industry associations and platforms,regulate the management qualifications of operators,accept the exercise of withdrawal rights,and assist consumers in their rights protection.The last step is to establish a sound integrity system for the whole society.Whether it is the operators or the consumers,we must be honest and credit in the online shopping field.
Keywords/Search Tags:Right of withdrawal of consumers, Legitimate rights and interests, Information disclosure
PDF Full Text Request
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