Research On The System Of Consumers' Right To Regret

The system of consumers'right to regret entitle the consumer the right of revocation, which can make the consumer has the chance to reasonably to think about his trading, in the door to door retailing, long distance trade, consumer credit and other kinds of sales. Though this, the interest of the consumer can be well protected. Now, the foreign country has a well-established system of consumers'right to regret, however, our country is in a hot debate in the time of remanding the consumers'rights-protection law. This article analyzes the development of the system of the right to regret of consumer, and argues the possibility of establishing the right to regret. In order to protect the consumers'right to regret, this article also provides the framework of the system of right to regret which is complied with our conditions of our country.This article can be divided into three chapters.The first chapter argues the unique effect and strong points of right to regret in the protection of consumers'interest after analyzing the background of establishing of the system of the right to regret. Those effect and strong points can well guarantee fulfillment of the right to know and choose, and be a strong counterwork to formal contract and protect the fairness of trading. Furthermore, it will give an easy way for the consumers to assert their rights and effectively resolve the dispute of the consumers, thus, it will be good to propel the market subject to do business with honesty, to make the market resource can be allocated effectively and to establish the motivation mechanism. Then the article set out the legislation practice in the developed country and region, which can be a reference for our country.The second chapter argues the reasons whether the consumers'right to regret should be established in our country. The author argues that our country should establish the right to regret and approve the reasons in the theoretic and legislative aspect after analyzing the essence and characteristics of the consumers'right to regret. From the theoretic aspect, information asymmetry theory and consumer paramountcy theory is the solid economic base to establish the consumers'right to regret; whereas, the tendency of the right to contract towards the substantive justice and good protection of the consumers'interest is legal basis for establishing the right to regret. From the practice of the legislation, the regulation and rules of our country have some provision on the right to regret, nevertheless, some supermarket have system which the consumers have the right to withdraw the contract without reason. Therefore, the author draws the conclusion that the right to regret can be established in our country.The third chapter provides the framework of consumers'right to regret in our country. The author argues comprehensively the applying of the consumers'right to regret and the guaranty of the running of consumers'right to regret. On the boundary of right to regret, the author analyze in detail on whether the consumers'right to regret should be applied in the car and real estate sales, which have a big amount. On the applying way of right to regret, the author hold that it should be applied in written way to demonstrate the seriousness of the right, and the applying dates should be determined by the essence of sales. On the guaranty ways of the right to regret, the author suggests that the official power, such as the consumers association, government, judicial department and enterprise association should plays an important roles in it, as well as the personal way of the consumers.