Research On The Right Regulation Of Online Shopping Consumers' "right Of Withdrawal"

Our country established a "seven days no reason" return system for online shopping in the 2014 "Consumer Rights Protection Law".After years of development,although the online shopping consumers’ rights protection work has made great progress.However,due to the system is imperfect.There have been cases of excessive use of rights in recent years,such as"buy the true and return the false",blackmail Operators through negative reviews,and "try on for free”.These cases damaged the legitimate interests of businesses,and disturbed the normal market.So,certain regulations should be imposed on the exercise of rights in order to improve the "right of withdrawal" system for online shopping consumers in our country.The author uses literature and the other research methods,on the research of the background,development and characteristics of consumers “right to withdraw”.On the basis of exploring the judicial practice of excessive use of rights,and point out that there is indeed a problem of excessive exercise of "rights of withdrawal" by consumers.Then analyze the necessity of regulating consumers’ "right to withdraw" from three aspects: preventing abuse of power,balancing the interests of all parties,and reducing transaction costs.After analyzing the system of withdrawal rights in the United States,the European Union,and Germany,it puts forward suggestions on regulating consumers’ "rights of withdrawal".First of all,pay attention to the system design concept,stick to the core concept of "tilting towards consumers",then adjustment concept from a single right protection to an appropriate balance.Secondly,by drawing the other countries’ system,the proposed threshold amount is limited,and paid “usage fee”.The author’s point is that under the premise of setting a reasonable threshold amount,for products below the threshold amount,operators are allowed to exclude the application of the "right of withdrawal" system.In the case of excessive trial products,operators can be allowed to charge a reasonable usage fee within the limit,and a preliminary idea can be put forward from the restrictions on the usage fee collection,the limit of the amount collected,and the method of collection.Finally,it also proposed to improve the credit evaluation system and the operator evaluation system.