Research On The Problems Of Consumers' Withdrawal Right In The Network Transaction

In the age of the Internet,network transaction is increasingly favored by consumers because it is fast and convenient without regional restrictions.Network transaction has four patterns: O2 O,B2B,B2 C,C2C.This paper merely studies on B2 B and C2 C patterns.In 2016,it has been the 8th successive year of Tmall shopping festival.Within the opening 52 seconds,its turnover made a breakthrough of one billion yuan before its full day trading volume hit 100 billion yuan,which proves the popularity of China network transaction market.However,with the rapid growth of network transaction market,there are still many problems,such as fake promotion to entice the consumer to make impulsive consumption decision,slow delivery leads to the purpose of the contract can not be achieved and etc.Compared with traditional transaction patterns,the desire to return goods of network consumer is more stronger.The data of Chinese online consumers' insights report in 2016 from China e-commerce center shows that in terms of return and exchange of goods,over 60% online shoppers were at a frequent return rates,about 30% had occasional returned purchase,and only less than 5% hardly returned any goods.Seven-day return of goods without reasons is what the consumers of network transaction most care about,the next is the cost of return goods.However,seven-day return of goods without reasons in network transaction is difficult in practice.According to the test paper on China e-commerce user experiences and complaints in 2016(top)released in China e-commerce Research Center,difficult returns and exchanges of goods was listed in "top ten hot issues of online retail complaints".To protect the rights and interests of consumers in network transaction,the amended Consumer Protection Law in 2014 entitled network consumers with withdrawal right for the first time.The State Administration of Industry and Commerce published the Interim Measures To seven-day return of goods without reasons of Online Shopping in 2017,to refine the rules of the enforcement of withdrawal right in network transaction and with full implementation of the provisions of consumers' withdrawal right in Consumer Protection Law.This paper in reference to the foreign legislation,Combined with the developmental situation of China network transaction market,from the perspective of Consumers' Right of Withdrawal,make some proposals to perfecting the consumers' right of withdrawal inChina's network transaction market with a view to establish a healthy and standard network transaction environment.The present paper consists of three parts as follows:The first part is an overview of the network transaction and Consumers' Right of Withdrawal.Long-distance and virtuality of the network transaction put the consumers in a weak position,so the consumers are entitled with right of withdrawal in order to protect their rights and interests.Then introduces the concept,the nature and the characteristics of consumers' withdrawal right.Consumers' right of withdrawal is a legal right for consumers to cancel contract without reasons in a statutory period,after the contracted was completed,which has the character of legality,unilateral,time-limited,non-reason and be used in particular pattern.Last,analyzes the jurisprudential basis of withdrawal right.Withdrawal right meets the requirement of the substantiation contract theory,and is the concrete application of legal paternalism in the area of consumer protection.The second part is the analysis of problems and countermeasures of Consumers' Withdrawal Right in network transaction.Three obstacles that online shoppers will encounter when they demand the right of withdrawal are analyzed: uncertain scope of application,different intact standards for the return goods,time for the exercise of the rights.Corresponding countermeasures are also put forward.The third part offers some suggestions on the exercise of Consumers' Right of Withdrawal.in network transaction There are four main recommendations: to prevent consumer abuse of the right of withdrawal,sound the mechanism of network merchants' information disclosure,strengthen the regulatory responsibilities of network platform and establish online dispute resolution.