| With the development of network technology,the traditional shopping mode has been unable to meet people’s needs.Because of its convenience and quickness,online shopping has been widely accepted by people.Compared with the traditional shopping mode,the virtual nature of online shopping makes consumers’ rights and interests more vulnerable to infringement.On March 15,2014,the revised Law on the Protection of the Rights and Interests of Consumers was formally implemented,which stipulates that online shoppers can unilaterally terminate the contract within 7 days of receiving the goods,without any reason or compensation.The introduction of this regulation marks the formal establishment of online shopping consumers’ right to regret in the form of law in China,and also reflects the country’s attention to the protection of consumers’ rights and interests in the field of network.The establishment of online shopping consumers’ right of regret seems to deviate from the spirit of contract,but in fact it is the guarantee of consumers’ autonomy in online shopping.In online transactions,consumers are at a weaker position in terms of information access and economy compared with operators.Ensuring online shoppers with the right to regret can effectively reduce unfair transactions caused by information asymmetry and protect the legitimate rights and interests of online shoppers.Due to the late start of the system of consumers’ right to regret in China and the lag of the legislation of the right to regret caused by the rapid development of online shopping,there is still a big gap compared with some developed countries.There are also some problems in the practical application,which need to be further improved.For example,the scope of application is too narrow,the boundary of the clause is not clear,the term of exercise is not precise,and the objective conditions for the exercise of the right to regret are subjective,and there is also a lack of reasonable restrictions on the abuse of the right to regret by consumers.With the development of network trading,it is particularly important to clarify the responsibility of refund for the operator in the new trading mode.Therefore,in order to better protect the rights and interests of consumers,it is necessary to expand the applicable scope of consumers’ right of regret,refine the types of goods that are not suitable for the right of regret,clarify the rules for exercising it,define the standard of "intact goods" and the burden of proof,and clarify the liability of refund of operators.The behavior of abusing the right of regret can be restricted by setting the minimum standard of return consumption amount and establishing credit evaluation system.Through these measures,we hope to realize the healthy development of the right to regret. |
