Research On Restriction Of Online Shopping Consumer’s Right To Regret

Article 25 of the Consumer Rights Protection Law,which came into effect in2014,stipulates that operators have the obligation to accept consumer returns,thereby giving online shopping consumers the right to repent.Legislators and academics have different opinions on how to refer to the provisions of Article 25,which is interpreted as“unreasonable return system”in legislation,and it is called“consumer’s right to unilaterally terminate the contract within an appropriate period”.The provisions of Article 25 of the “Consumer Rights Protection Law”concerning operators’ acceptance of consumer return obligations will help to correct the disadvantaged position of online shopping consumers due to information asymmetry,and rebalance the status of both parties in online transactions from imbalance.Article 25 of the“Consumer Protection Law”brings many conveniences to consumers,but also triggers some unintended consequences,such as inducing consumers’ moral hazard behavior,encouraging consumers to purchase and return goods at will.The reason for these unintended consequences is not that the“Consumer Protection Law”has always implemented the legislative concept of“should provide special protection to consumers”itself,but that it has adopted a more comprehensive approach to consumer rights in online shopping.Extreme protection method-The rights design only stipulates that consumers enjoy the rights,and does not stipulate the responsibilities for improper exercise of rights and what form and degree of responsibilities.In order to avoid the improper exercise of the right of repentance by online shopping consumers to damage the legitimate interests of operators,this article attempts to explore the reasonable restrictions on the exercise of the right of repentance by online shopping consumers based on existing legal provisions,by improving existing legal regulations and strengthening the regulatory role of online trading platforms In order to achieve the same goal of unreasonable return regulations and the implementation of the same direction of development,consumer rights protection and the balance of the operator’s income.In addition to the introduction,the thesis is divided into four parts,about 26000 words.The first part is an overview of online shopping consumers’ right to repent.The origin of the consumer’s right to repent is sorted out.This right originates from the business practice of non-cause return in economically developed countries.Later,this business practice was included in the legal provisions;The provisions of the consumer’s right to repent are scattered in administrative regulations and local regulations.After 2014,China clearly stipulated that consumers can request unreasonable returns under the legal conditions in the field of online shopping;The possible legislative motives of the right and the reserved opinions of Chinese academic circles on the right of consumers to repent.The second part summarizes the unexpected consequences and negative effects caused by the online shopping consumer’s right to regret.Due to the obvious tendency of existing laws and regulations in our country to protect the rights and interests of consumers,to some extent,it is improper use of unreasonable return regulations for the expected return behavior of online shopping consumers,the pursuit of cooperative surplus maximization behavior,and outsourcing behavior.Such improper use of legally prescribed actions will inevitably reduce the efficiency of market transactions,dampen the enthusiasm of business operators for economic activities and damage the interests of other honest consumers.The third part is the extraterritorial regulation and reference of online shopping consumer’s right to regret.It summarizes the experience of regulating the rights of consumers in the European Union’s withdrawal right system that adopts the “legal paternalism”legislative concept for consumer protection,and implements the“liberal”American cooling-off system for consumer protection,and summarizes these regulatory experiences China and China can refer to content such as allowing a certain percentage of fees and clarifying consumer responsibilities.The fourth part proposes suggestions to regulate the online shopping consumers’ right to repent against online shopping consumers’ misconduct by using unreasonable return regulations : clearly restrict the scope of consumers who can apply the unreasonable return regulations,and allow operators to report to dishonest consumersRelevant laws and regulations are improved by charging a certain percentage of fees;strengthening the regulatory role of the online trading platform,and establishing a credit system supporting the online shopping behavior with the support and cooperation of the platform,in order to achieve the expected goal of consumers’ right to repent Pay attention to interests.