The Research On Consumer's Right To Regret

"Consumer Protection Law "was implemented some years, no doubt for the protection of consumer legal rights and interests of consumers and operators of market behavior, play a huge role .But today, China's consumer market is no longer the traditional operators dominated the market, it has led the market by the seller into a buyer-led market. At the same time, with the technology, operators are no longer simply use the traditional means of violence to force consumers to deal with them, but to use high-tech means, network information and other new ways, through information, transaction status is not Equal to lure consumers, the introduction of the bait, so that consumers prepared in case there is no rush to sign a contract. Weak position of consumers once again prominent. Based on the vulnerable place, the law, especially in the community for the standard, the quest for a fair to consumers wirtschaftsrecht to special protection, to realize the and operator between the balance of interests.Regret tilt of the right system is a consumer protection system. It signed the contract by giving the consumer after the period of time, you can withdraw the contract without explanation, and do not have the right to take any responsibility, so that the parties entered into a contract to return to the initial state. Regret right system truly reflects the slope protection, balance the interests of the spirit, reflecting the economic operation of economic law on state intervention and regulation, but also for fairness, the spirit of voluntary good interpretation of civil law. It conforms to international trends in consumer protection, is the inevitable choice for the development of a market economy.Foreign economy is relatively developed countries in consumer protection legislation have set out in regret the system and more mature. They called it the cooling-off period. The main purpose of the establishment of this system is to avoid the lack of trading experience in direct sales to consumers by the interests of the damage. the purpose of legislation is to enable consumers to make their own decisions on impulse can be attributed to elimination of a contract, to return to the initial state; The legislative effect is to give consumers a cooling off period, after the conclusion of the contract so that he has a chance to rethink, if consumers chose to cancel the transaction do not have to pay the price. Germany, the united states, Britain , france, japan and other countries in the legislation provides the right to regret the system and practice achieved considerable results. Our country hasn't been formally incorporated in legislation to be regretted at present. Regret the right to the basic principles of civil law, in accordance with the requirements of market economy can be effective legal system for traditional in protecting consumer rights and interests of consumers to know is an important guarantee compliance with international protection of consumer trends.In addition to the background and conclusions of the topics of this paper, this paper is divided into four parts. The first part is about consumers' right to the general theory of regret. The first is the right to regret define. Express regret that the right to the concept of the contract after a period, in accordance with the provisions of the unilateral withdrawal of the contract without reasons, the responsibility of the rights. Second is about consumers' right to regret the historical evolution. By the right to regret the background and abroad all regret the right to develop and look abroad regret is the right to development. The final analysis it is right to legal nature.The second part is the right to regret and related rights of the relationship between the surveys. With contract law right to revoke the contract, the contract right of cancellation, and consumers with the consumer's right to know law, right to choose between the right of return visits, recognize the right of regret and related rights and their connection.The third part is to study the basic content of the right of foreign regret. This part, respectively, from the scope of the right to regret, be exercised, the exercise period, the legal prohibition of regret and the abuse of rights to a comprehensive study of five advanced countries in terms of regret right system architecture.The fourth part is the regret of Consumers Right System Considerations. The first is the existence of the right of consumers to the legitimacy of regret. Mainly from its legislative concept, necessity and feasibility to be demonstrated in three areas. Secondly, from the construction of reality on the right of consumers to regret the specific thinking. Finally, the elaborate security measures implemented in the right regrets.