| The newly revised "Consumer Protection Law"(hereinafter referred to as the "Consumer Law") establishes the regret right system by the form of law officially, which focuses on protecting the rights and interests of consumers and achieves substantial justice Law of values and social interests. The purpose of this article is through a new "Consumer Law" to study the origin, establishment,applymengt and Significance of the regret right to help consumers and operators to understand and apply the right better. Meanwhile, to solve the problems of the new right,the article makes feasible suggestions for improving the regret right system, contributing to help protect the legitimate interests of consumers and regulate market order.The article is divided into four main parts.In the first part,it firstly introduces the concept of the regret right and points out that the right gives consumers a option to cancel the valid contract without any reason but within a certain period. Secondly, through the analysis of the nature of the right,we think it is a legal right of formation, included in "other circumstances prescribed by law" among the statutory right of cancellation provisions. Finally, the article conducts legal analysis to understand the basis for legitimacy and practical significance of the regret right system.The second part focuses on current research on the new system at home and abroad. Firstly, we will compare all kinds of foreign rights system to understand the common law, EU regulations and the relevant provisions of the German region on the regret right. Secondly, organize the relevant provisions about business practices and legislative practice in China in recent year of the new right on the system, about to go back to the right system from the local legislation formally included in the development process of national legislation. Finally, domestic and international comparison suggests the results of the introduction of the system of international legislation’s reference.The third part discusses problems and shortcomings of the regret right system in legislation and practice, includes the scope of rights, the applicable rules, the legal consequences and restrictions on the rights of consumers and so on. The legal characteristics of being lagging indicators and conceptual makes provisions can not function well. The article tries to analyze the regret right to find the problems and deficiencies of the system.The last part presents its recommendations for improving the regret right on the system from the scope of rights, the applicable rules, the legal consequences to restrictions on the rights of consumers. The aspects elaborated can help the regret right be able to play a better role and we expect the new right can protect the interests of consumers, regulate market operations and achieve its legislative mind. |
