Analysis On Return Right Of Online Goods

With the progress of science and technology and the development of commodity economy,the e-commerce industry with the Internet as the main content has risen rapidly,and the commodity market model of our country has gradually evolved from the seller’s market to the buyer’s market.However,this new shopping method not only brings benefits and convenience to people,but also neglects the quality and service of goods because some operators make use of the information asymmetry between buyers and sellers and pursue economic benefits excessively.It infringes the rights and interests of online consumers.In this context,on March 15,2014,the new version of the Consumer Rights and Interests Protection Law,which was revised and implemented by the National People’s Congress for the first time,stipulated a seven-day unjustified return system for online shopping commodities.Subsequently,on March 15,2017,the State Administration for Industry and Commerce formulated and implemented the interim measures for the seven-day unjustified return of goods purchased online.Although it makes up for a certain legal gap,it also meets many practical problems in practice.Therefore,it is necessary to further explore the return system of online shopping commodities,and provide a new thinking angle and scientific opinion for deepening the protection of consumer rights and interests.This paper mainly discusses from four parts.The first part enumerates three examples of online shopping contract disputes and analyzes the dispute focus in the case.The purpose of this paper is to find out the main obstacles and difficulties encountered in the implementation of the right of return of online shopping commodities,and to analyze the right of return of online shopping commodities as the basis,and to lead to the theme to be discussed below.The second part mainly discusses the concept,main features and the legal value covered by the system.The right to return goods online shopping is an extension of consumers’ right to know and choose,but it does not depend on these two rights and exists independently.Its unique characteristics make it different from the traditional offline shopping mode.At the same time,its equal value,free value and fair value also provide the legal basis for both parties to the transaction.The third part is to investigate and analyze the current situation and existing problems of the right to return goods online.The particularity of the network environment makes the system have many problems in the process of implementation,such as the lack of clear scope of application of the return clause,the ambiguity of the standard to determine whether the returned goods are in good condition,and the inconsistency of the setting standard of the "remarkable" confirmation procedure.The scope of application of the return clause is not clear,resulting in the operator to take various means of circumvention to exclude the application,while consumers strive to expand the scope of application;whether the return goods intact identification standard is vague,resulting in a huge difference in the actual operation of the transaction subject;The inconsistency of return procedure directly leads to the stipulation of the clause becoming a dead letter and difficult to put into practice.The fourth part,from the refinement of the rules,improve legislation,relying on the platform and regulation of the market four aspects of improving the right to return goods online.First of all,the key to defining the scope of application of the clause lies in clarifying the interpretation of the nature of the commodity and widening the scope of application of the return clause,and bringing the second-hand commodity and the sea Amoy commodity into the scope of application of the return clause.For the improvement of online goods return system has progressive significance.Secondly,in order to be more in line with the legislative purpose of the network commodity return system,it is necessary to introduce the value compensation system on the basis of clarifying the standard of commodity integrity,so as not to deny the existence of the right of return because of the change of commodity quality.Make operator and consumer reach benefit balance.Thirdly,in order to strengthen the responsibility of the network platform provider,we should clearly confirm the setting requirements of the program and perfect the online resolution mechanism of consumer disputes.Finally,we should also strongly advocate operators to operate in good faith and attach importance to the combination of law and morality in order to maintain the stability of Internet market order.The return system of online shopping goods needs to be improved continuously in order to adapt to the increasing demand of consumers and the changes of the times.Only by combining innovation legislation with perfect legislation,combining legislation,practice and theory and making up for legal loopholes,can we create a better market trading environment and construct a more complete return system of online shopping commodities.The stable development of e-commerce industry must require the guidance of the state,government and market supervision departments,and the operators,consumers and network platform providers to participate in the maintenance.