The Research On Online Consumer's Right Of Regret

This kind of right give consumers the right to unconditionally and unilaterally discharge the consumer contract agreed with the operators beforehand without pay in this particular online trading patterns, it made Online Consumer reflect their consumption behavior rationally and survey reality of the goods they purchased, thus they have the opportunity to terminate the contract, and achieve value orientation of protection inclining to consumer in weak status legally.Online Consumer's Right of Regret arised from the popularity of the emerging Online Consumption patterns, consumers cannot obtain the real and exact perception of the goods in consumption patterns. Thus therefore the consumption information obtained by virtual means is not comprehensive and specific, thus consumer may undertake greater transaction risk and loss of interest. In addition, Online Consumer easily generated irrational consumer impulse and lack calmly consideration of purchasing desition for the very seductive marketing techniques and the propaganda of intention to exaggerate the performance of the products and so on. Although in the continuous progress of consumer protection movement, consumers have more right to speak, but there are still in weak position of consumers. It is urgent and necessary to give online consumers the right of regret by law to protect their interests from abuse in online transactions.Online Consumer's Right of Regret has its theory basis it can depend on: Online Consumer's Right of Regret reflect the necessary requirement and physical embodiment of power tilt protection and contract justice to online consumer's interest protection. Through Online Consumer's Right of Regret system, the legislation tilt disposition of rights toward online consumer and abandon the restrictions of liberty of contract principle in traditional private law sense, toward a successful real justice. On this basis, by using comparative analysis method, comparative analysis online consumers ' right of regret and the similar avoidance and cancellation of contracts to prove online consumer's right of regret 'specific characteristics and not conflict with other power architecture; through the study of the relationship between Online Consumer's right of regret and other right, we can conclude it is in the complementary and mutually promote state with other consumer rights, both are not contradictory.At present, foreign lawmakers have been fully aware of on Online Consumer's Right of Regret's importance in consumer protection system, the legislative practice of the system of Online Consumer 'right of regret is more often than not. these successful legislative experience is valuable reference for designing system of Online Consumer' right of regret, especially German legislation is more mature and complete in the framework of the system, it has specific provisions in applicable scope, exercise of right and legal effect, these provisions is a vane-like guide to legislation research on online consumer's right of regret.It is imperative for China to build the system of Online Consumer 'right of regret, the existing legal system of protection of Online Consumer has obvious defects and delay, we must combine the practical, to include it into the consumer legal protection system as soon as possible .The system can be the most reasonable for the protection of the interests of Online Consumers, thus In the system design process we should focus on applicable scope, exercise of right and legal effect, simultaneously do necessary restriction to the exercise of government to reconcile the conflict during the exercise of right effectively.