Research On The System Of Consumers’ Regret Right Systerm

Consumer’s regret rights refers that in special transaction modes such as network, television and telephone, and within certain period of time, consumers are allowed to terminate the contract unilaterally in accordance with legal provisions without bearing the liability for breach of contract. One of the core contents of amendment in 2013 Consumer Rights and Interests Protection Act is introduction of regret rights. It also makes relevant provisions concentrating on application scope, application condition, application deadline and applicable costs etc, which distinctly indicates the inclination to protect consumers in weak position. However, the excessively principled provisions of regret rights system in our Consumer Rights and Interests Protection Act lead to poor operability. In addition, the corresponding supporting legal system is immature. Therefore, execution of consumer’s regret rights is encountering some disputes and obstacles, which seriously affects the implementation effect of consumer’s regret rights system. In view of this, by virtue of relevant research methods such as comparative stuy, empirical research and Study of Law and Economics etc, this paper analyzes the legislative status of our regret rights system and related issues in implementation based on analyzing fundamental theoretical problems of consumer’s regret rights. Besides, in combination with comparative study on relevant legal systems of overseas countries such as America, Britain, Germany, France and European Union etc, some related legislative suggestions to perfect consumer’s regret rights in our country has been proposed. The content can be specifically divided into following four chapters:The first chapter: fundamental theory of regret rights system. Firstly, the concept of regret rights is introduced in this chapter. Then, it defines the nature of regret rights and makes analysis by contrasting the regret rights system with relevant systems such as revocation rights and right of cancellation in Contract Law, as well as rights to know, rights to select on one’s own in Consumer Rights and Interests Protection Act etc. At last, it demonstrates the theoretical foundation of regret rights.The second chapter: Legislative statuses of consumer’s regret rights in our country and problems encountered in implementation. This chapter mainly sorts through the development history of our consumer’s regret rights by combining local legislation, Regulations of the State Council and departmental rules as well as relevant provisions of our Consumer Rights and Interests Protection Act. At the same time, in combination with specific cases, it analyzes problems of our consumer’s regret rights system that are encountered in its process of implementation.The third chapter: Extraterritorial legislation investigations of consumer’s regret rights. This chapter mainly focuses on analysis on American “Cooling-off Period System”, British “Terminating Rights System”, German “Withdrawal Rights System”, French “Regret Rights System” and EU relevant legislation system. In addition, it summarizes the legislation experience in expectation to provide support for perfection of our legislation.The fourth chapter: the perfection of consumer’s regrets rights in our country. This chapter mainly puts forward suggestions to perfect the consumer’s regrets rights system by concentrating on relevant contents such as expanding the application scope of regret rights, refining the application rules of regret rights, strengthening the legal liability of application objects of regret rights such as operator, consumers and Internet Transaction Platform. Meanwhile, it proposes suggestions to perfect the supporting system of consumer’s regret rights system through multiple aspects such as perfecting the functions of consumers’ association, administrative law enforcement of consumer rights and interests protection as well as arbitration mechanism and lawsuit mode.