Research On Online Consumers’ Right To Regret

The People’s Republic of China Consumer Protection law was formally promulgated on March 15,2014.It is a ground-breaking provision that online consumers have the right to regret,and it gives online consumers the right to terminate the online consumption contract within 7 days after concluding the contract without any reason.The regulation on the right to regret of online consumers is the highlight of the new People’s Republic of China Consumer Protection law,which greatly solves the worries of consumers caused by impulse shopping and makes the online shopping transaction volume of China increase year by year.In the process of practical operation,due to the ambiguity of applicable rules and the diversity of transaction modes,there are many obstacles for network consumers to exercise the right of regret.The main performance is: the legal scope of application is too narrow,only applicable to commodity sales contract,excluding the application of service contract;The provision of the "take the bag" clause is too simple,and the business operators make their own rules to exclude the types of commodities that are applicable to the right of regret,while the types of commodities that are not applicable to the right of regret are confused,which increases the difficulty of applying the right of regret to online consumers.Due to the lack of duty of notification,consumers cannot legally and effectively protect their rights and interests because they do not understand the applicable rules of the right to regret.Regret right up the unreasonable points,the real operating businesses to sign for goods as a regret right be calculated during the point,the prevalence of generation of sign after receiving STH,make the network consumers receive goods without actually regret rights has begun during calculation,when consumers "cooling-off period" is less than the law 7,consumer rights and interests serious violation;The judgment standard for intact commodities is not unified,and the e-commerce platform develops the judgment standard for intact commodities by itself,which makes different platforms have different return rules for commodities.There are constant disputes between merchants and consumers,and it is difficult for consumers to return commodities,making them unwilling to exercise the right of regret.By sorting out the provisions of foreign laws on online consumers’ right to regret,it is found that there is a big gap between China’s legislative provisions and those of other countries.Therefore,on the basis of referring to the advanced legislative experience of other countries,the author puts forward the following Suggestions for improving the regret right of Chinese consumers.Expand the application scope of network consumers’ right to regret,and include service contracts into the protection scope of their right to regret.If service contracts that are unsuitable to be terminated are not applicable,service contracts that can be terminated will be returned after deducting the actual performance.Detailed provisions on the application of the provision to prevent businesses from abusing their dominant position to restrict the exercise of the right to regret network consumers;To increase the informing obligation of operators,the contents of consumers’ right to regret must be informed in a clear way when entering into a contract,so as to reduce online shopping disputes.To the actual possession of goods as network consumers regret the period of the right to calculate point,put an end to the Courier company signed on behalf of the situation;Establish clear criteria for good condition and reduce the difficulty of return.