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The Perfection Of Regret System For Consumers Of Online Shopping In China

Posted on:2021-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z T LiuFull Text:PDF
GTID:2416330611966179Subject:Law
Abstract/Summary:PDF Full Text Request
In order to adapt to the rapid development of the online shopping market,resolve legal disputes in online shopping,and protect the legitimate rights and interests of consumers,Article 25 of the Consumer Rights Protection Law,implemented on March 15,2014,provides that consumers use Internet and television,Phone,mail order,etc.,you can unconditionally return the goods within 7 days from the date of receipt of the goods,this right is called the right to regret.The consumer 's right to regret is formally written into law,which reflects the state 's emphasis on the protection of consumer rights.The establishment of the system of regret is not a departure from the principle of strict contract observance,but to protect consumers' true autonomy in signing contracts.As we all know,the principle of contract freedom is the inevitable result and core content of autonomy of meaning,and the contractual essence of contract freedom is maintained.However,in online transactions,consumers and operators are in a state of serious information asymmetry,giving consumers the right to regret,which can avoid the violation of consumers 'legitimate rights and interests,reduce consumer transaction costs and return costs,and eliminate consumption Worries when shopping.The legislation of the right of consumers to regret in China started late,and there is still a big gap compared with countries with developed laws.The system is not meticulous and lacks detailed rules to guide practice,which leads to frequent problems in practice,mainly manifested in the lack of judgment standards for "inappropriate returns",the lack of obligation to inform operators,the dispute over the exercise period of the right to regret,and the unclear judgment criteria for "good goods".The price of returned goods lacks a minimum limit,and there is a lack of regulation on consumers 'right to regret.Because of this,studying the online shopping consumer regret system can not only improve the legislation of consumer rights protection in China and better protect consumer rights,but also urge operators to improve the quality of goods and services,purify the operating environment,and promote The healthy and orderly development of the trading market.This is the reason and significance of this study.This article analyzes the shortcomings of the regret system in terms of scope of application,exercise rules,and reasonable restrictions,and analyzes the deficiencies of the consumer 's regret system in online shopping,mainly to solve these problems in a targeted manner and promote the regret system.Effective implementation,the ultimate goal is to better protect the legitimate rights and interests of consumers.Countries with developed rule of law have accumulated rich legislative experience in long-term practice.This article compares Chinese and foreign legislation,draws on the advanced legislative experience of foreign countries,summarizes its enlightenment on the construction of the regret system of online shopping consumers in China,and combines the existing problems and the experience of legislation outside the region,proposes to improve the regret system of online shopping from the legislative level Specific suggestions.
Keywords/Search Tags:online shopping, right to regret, consumer rights protection law
PDF Full Text Request
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