Research On The Regret Right Mechanism Of The Online Shopping Consumers

In recent years,e-commerce platforms have developed rapidly,and online shopping has become a fixed consumption pattern for most consumers.At present,the more popular ecommerce platforms are Taobao,Jingdong,Vipshop,etc.They are all shopped by online shopping consumers,providing a convenient shopping route for online shopping consumers.Consumers can only understand the product from video images or text uploaded by the seller.The virtual presentation of online goods causes the information acquired by both consumers and operators to be unequal.On March 15,2014,Article 25 of the State’s New Law of the People’s Republic of China on the Protection of Consumer Rights(hereinafter referred to as the“New Consumer Law”)is a new legal provision related to consumer regret right.The effective implementation of the law means that online shopping consumers enjoy a new type of consumer rights.Within a certain period of time after the sale and purchase contract takes effect,there is an opportunity to consider whether to cancel the contract.The unilateral right of revocation the contract does not need to bear the contract.Liability for breach of contract does not require any reason.The establishment of the consumer’s regret right aimed at pursuing the perfection of the consumer’s rights system and reflects the legal basis for the pursuit of substantive fairness in economic law.Since the mid-1970 s,the United States has begun to study regret right and actively carry out legislation and amendments,which has effectively promoted the development of such regret right system and promoted the protection of consumer rights.Therefore,it is necessary to systematically compare the current system of regret right between China and the United States and analyze the similarities and differences between the two countries.Only after fully understanding of these two countries’ regret right system can we learn from it and bring benefits to the progress of our online shopping consumers’ regret right system.Although the regret right has already been stipulated in China,there are still some problems with the implementation of the provisions.The idea of the article is to put forward questions and then to analyze the problem and then solve the problem.The author puts forward relevant suggestions on the improvement of the regret right system in China of the two levels of legislation and justice.In the article,the author lists some actual cases,and after analyzing the cases.The author found that there are some major problems: the law has no relevant provisions on the seller’s obligation to inform,“the integrity of the goods” has no clear standards,and the time limit for the exercise of the right of regret is blurred;the absence of dispute resolution mechanisms;these practical problems mean that there are certain obstacles to the realization of online shopping consumers’ right of remorse.In order to solve these problems,author did some legal researches of the regret right mechanism of the U.S.and found out resolutions for these issues.The author points out that,at the legislative level,setting the membership service as the objective of the reject right,stipulating the legal consequences of the operators of not fulfilling the duty of informing,perfecting the specific standards of "goodness of goods",and clarifying the period of exercise of the regret right.At the judiciary level,the author points out that the application of the arbitration mechanism,the introduction of the small claims mechanism and the utilization of the personal credit evaluation mechanism would all make improvement of the Chinese regret right system.