Research On The Legislation Issues Of Online Consumers' Right Of Revocation

Online shopping is considered to be a major innovation in the retail industry after "department stores","chain stores" and "supermarkets".Online shopping has been rising for less than 20 years.With the continuous innovation and development of "Internet+",online shopping has grown at an alarming rate.Our modern information and communication system continues to improve,with 610 million online shoppers and 600 million online payment users in 2019.Retail sales of online shopping have grown so rapidly,but the protection of consumer rights during online shopping has not been synchronously strengthened.In the revised "Consumer Rights Protection Law"(hereinafter referred to as " Consumer Law"),which came into effect on March 15,2014,it stipulates that consumers have no reason to return goods for remote shopping.In the course of legal practice,they have encountered various "It is difficult to prevent it effectively in the form of "variation".Various phenomena show that this provision has fallen behind the actual needs.To this end,the State Administration of Market Supervision and Administration(formerly the State Administration for Industry and Commerce,hereinafter referred to as the State Administration of Supervision and Administration)once promulgated the"Interim Measures for Returning Goods for Seven Days for Online Purchase of Goods"(hereinafter referred to as the "Interim Measures")in 2017.Refine regulations on the period of exercising rights,the scope of non-applicable returned goods,and the obligations of operators.But in the past two years of"Internet+" economic development,the rapid development of online shopping has brought more problems.This article starts from the definition of online shopping consumer's right to revoke,analyzes the value of online shopping consumer's right to revoke legislation,and recognizes the positive significance of improving the relevant content of Article 25 of the Consumer Law from a theoretical perspective.Based on the legislative analysis of the legislative parts of the Consumer Law and the Interim Measures,it is found that there are unclear provisions on the right of consumers to cancel,the relevant time limit is not clear,and the scope of the applicable returned goods and the unapplicable returned goods is improperly defined.Issues such as unclear obligations of operators,lack of consumer obligations,and general rules for bearing fr-eight charges for returned goods urgently need to be resolved.After understanding the legislation of relevant rights outside the territory,and further summarizing and analyzing,the more excellent parts will be used for reference in our country.It is necessary to further supplement and refine the provisions on the right of consumers to withdraw in China.This article takes the online shopping field as a research perspective,and points out lessons for solving the practical problems faced by online shopping consumers in exercising their right to revoke consumption,including:clear legislation on consumer revocation rights,standardization of the period for online shopping consumers to revoke their rights,The establishment of the obligations of consumers,the supplement of the obligations of consumers,and how to elaborate the legislation on the rules for bearing the return freight.