Legislative Thoughts Of Consumer’s Regret Right In China

In the transactions of market process, because of lacking professional knowledge and information, consumers’legal interest cannot be fully realized. At this time, consumer’s regret right emerged as a new right. Regret right is for consumers. It is a right that by giving consumers a legal period of time to cancel the contact which do not need reasons and responsibilities. Regret right accord with the principles of fairness and justice and economic activity. It is also a rule of law for economic operation of intervention and regulation. Regret right is the inevitable choice of the economic market.In2013, the new "Consumer Law" added the regret right. Although the new right appeared in our law, its provisions are too general and simple to meet the actual needs of consumer protection. This paper will analysis the shortcomings of regret right and show some specific designs to complete the right by contacting the current situation of China and learning from the essence of the developed countries and regions of the word.Besides the background and conclusions of the topics of this paper, this paper is divided into four parts.The first part, analyze the provisions of legislation of consumer’s right of rescission in our country. This section includes three aspects. First, the local legislation. There is local laws and regulations. Second, the judicial interpretation of the regret right. Third, the legislation on national level. It Including laws, administrative regulations and departmental rules. This section will put forward some improved suggestions for the specific design of the system of consumer’s right of rescission from the scope of application, constitutive requirements, and legal effect, prohibit abuse of the tight and make a balance of interests between consumer and operator. From sorting out the regret right on the legislative process, we can see that regret right in our country has just started, more imperfections still exist in legislation.The second part, analyzes the current lack of regret right. The lack of regret right is multifaceted. The Lord has a narrow scope, and imperfect way to exercise, lack of obligation to inform the operators, the two sides did not bear legal responsibility and balance the interests of consumers and operators, etc. In this part of the analysis of each article will make these deficienciesThe third part, the right of overseas legislation and take examples by some of them. This article examines the relevant provision of regret right system form America, England, Germany, Japan, Taiwan and any other developed countries. Taking examples from those countries and regions in legislation level, the scope of application of the regret right, the period of regret right and the inform obligation.The fourth part, deep thinking in improving the level of the Chinese system of the consumer’s right of rescission. The focus of this section is to explore ways to improve the level of the Chinese system of consumer’s right to regret. This section will put forward some improved suggestions for the specific design of the system of consumer’s right of rescission from the scope of application, constitutive requirements, and legal effect, prohibit abuse of the tight and make a balance of interests between consumer and operator.