The Online Shopping Consumer’s Right Of Rescission

At present,China has entered the era of rapid development of the network,while online shopping is also showing a blowout state of development,and as one of the most popular shopping today,by the majority of consumers.But it is from the online shopping disputes between consumers and operators,emerge in an endless stream,the online shopping industry threatened by growing crises.Admittedly,online shopping has more choice,convenience,no time and geographical restrictions and many other advantages,but at the same time,the network shopping is blind consumption,operators and consumers of information asymmetry,the liability is not clear and communication barriers and other difficult to ignore the disadvantages of urgent.Because of the huge scale of online shopping economy in our country,it is urgent to regulate the order of the online shopping market and protect the legitimate rights and interests of the vulnerable groups.The consumer’s right of rescission is refers to the consumer in the receipt of goods after a period of time without explanation to return the goods,but need to take some freight,to balance between operators and consumer rights.This system is the crystallization of the socialist market economy,in line with the international community to pay attention to the protection of the legitimate rights and interests of consumers habits.The legislation of our country has made some preliminary provisions,but there are still many problems in practice.In this paper,the use of normative analysis,comparative analysis,case analysis and other methods to study the problem of consumer counterattack.In addition to the introduction and conclusion,this article can be divided into four parts:The first part is an overview of online counterfeiting.The first is to elaborate the connotation of online counterfeiting and its background.Although the definition of online counterfeiting rights in China has not yet reached a consensus on the definition,but I believe that "online shopping consumer right" is the most appropriate,both to reflect its essence,and not with the existing legal system of other rights Confused.Followed by the basis of legitimacy,the surface seems to have the right to freedom of contract,the principle of strict adherence to the contract,but deep study,the author found that the basis of legitimacy is to protect the legitimate rights and interests of consumers,its existence is necessary.Finally,the nature of the law,that the online shopping consumer counterattack as a form of right.But whether it is the right to form the right to revoke or remove the right,the problem in the theoretical community has always been controversial.Therefore,to discuss the nature of the law is particularly important,after discussion,I believe that online shopping consumer counterattack is a statutory right to lift.Through the online shopping consumer anti-right system of the overall order and introduction,as discussed below for the application of the right to pave the way.The second part is the current situation and existing problems of online counterfeiting.Including the abuse of counterfeiting rights of consumers,the application of the problem is not clear,the application of rules are not clear problems,supervision is not in place,the right to ease the path of relief,consumer self-protection awareness and other issues.The third part is the comparison and reference of foreign consumers’ counterfeiting right.Through the analysis of the United Kingdom,the United States,Germany online shopping consumer rights related legislation,summed up the legislation for us to use the experience,to improve the purpose of China’s online shopping consumers regret.The fourth part is the perfection of the counterfeiting right of the online shoppers in China.It is the core part of this article.First of all,from the perspective of improving the relevant legal system,including the further definition of the applicable conditions,the application of the rules to further improve the construction,the application of restrictive binding rules to improve;secondly,from the strengthening of online shopping consumer counterattack control point of view,including strengthening And then from the perspective of industry self-discipline level,including the operators to strictly enforce the notice,and then,from the perspective of the industry’s self-discipline,Obligations,strengthen corporate integrity and optimize the function of consumer associations.The argument is that the creation of online counterfeit consumer right to create the purpose of online consumer protection,anti-right is the right to lift.China’s protection of consumers in the protection of the right to do is not ideal,should be from the legal system,the online consumer complaints against the right to repay the right to repay the right to the judicial relief,consumer associations and industry self-discipline and other angles to strengthen the online shopping consumers The protection of estoppel.The purpose of this thesis is to explore the legal requirements of the consumer,and to explore the shortcomings of the provisions of our country,and to explore the shortcomings of the provisions of our country.Experience to improve our system,more effective and effective protection of the interests of our consumers.