Study On The System Of Consumer’s Right To Regret

In recent years, with the rapid development of information technology, through the saleof commodity network, TV, telephone, mail order channels such as the way of marketing ismore and more popular, remote shopping gradually become one of the mainstream shoppingway people. However, this way of shopping has its inherent shortcomings: its "off-site" sothat consumers in the purchase of goods and can not directly contact with the goods, andthus can not fully grasp the true information of the goods, inconsistent, and often buy aphysical operator description and their expected. In view of this, the consumer rights andinterests protection law promulgated the new give consumers shopping in remote field regretright: except in special merchandise, online shopping and other goods can be received fromthe date when the goods seven days no reason to return goods, this undoubtedly giveconsumers safeguard their own rights and interests of the "imperial sword", is a great progressof legislation. However, because the system of regret right first nationwide implementation, inpractice has encountered many problems, the operation is difficult, we need to improve therelevant legislation and perfect the safeguard mechanism to promote the effectiveimplementation of the system of regret right. This paper discussed in the system in the systemof regret right, according to the provisions of the new "law" article twenty-fifth, combinedwith the typical problems in the concrete operation process, analysis of the deficiencies of thecurrent legislation and puts forward some improvement suggestions. The full text is dividedinto four parts:The first part started from the introduction, this thesis firstly introduces the backgroundand significance of the study; then summarizes the research status of Consumer Regret rightsystem at home and abroad; and finally points out the research methods of this paper.The second part mainly introduces the basic theory of the system of regret right. First,clear the concept, nature and feature of regret right; secondly, analyzes the relationshipbetween the system of regret right and related system, including the relationship, and thequality of three bags of provisions and unconditional return commitment; finally, thetheoretical basis of interpretation of the system of regret right, of the four concepts ofconsumer sovereignty theory, asymmetric information theory, from the freedom of contract to the development trend of substantial justice and the legislative spirit of tilt protection weredescribed in detail.The third part discusses the related regulations of foreign system of regret right and ItsEnlightenment to china. This part of the first section mainly introduced British, American,German system of regret right, in addition, also slightly involved in Sweden, France, Brazil,Japan, the European Union, Taiwan and other countries and regions of the legislation of theright to regret. The second section is based on the first day, summarizes the successfulexperience and points out its to improve our country’s current legislative significance regretright.The fourth part is about the evolution of our country’s system of regret right legislationand implementation status. This part firstly reviews the development system of regret right inour country, and points out that the system of regret right into the practical significance of"law", and the new provisions of the legislative interpretation; then, according to the ChinaAssociation of authoritative survey report on China’s system of regret right implementationstatus are summarized.The fifth part focuses on the study of perfecting the system of regret right in china.Mainly includes two aspects: the perfection of one is to perfect the system of regret rightspecific rules, such as making "the return of the goods shall be preserved" standard, improvethe responsibility to return the goods damaged when undertaking problems and so on; theother one is to perfect the system of regret right safeguard mechanism, such as theoptimization of the functions of the Consumer Association, construction the operator of creditevaluation system and so on.