| It has been nearly ten years since the introduction of the corresponding provisions adding "consumers’ right to regret" in the consumer protection law,which is exactly the decade of the rapid development of e-commerce in China.At present,China has the world’s largest e-commerce consumer group and the world’s largest e-commerce single market.Different from the general controversy when the "Consumer Regret right" was about to be incorporated into the "consumer rights and interests protection law" ten years ago,both legal circles and e-commerce circles generally agree that the "Consumer Regret right" has played a great role in promoting the development of China’s e-commerce in recent ten years.As the only existing and uninterrupted descendant of civilization in the world,China’s e-commerce model based on online shopping and online consumption inevitably shows "Chinese characteristics" that disagree with the western world.In this field,although e Bay online auction mode took the lead in entering the Chinese market,it finally failed and withdrew.Instead,it is a traditional transaction mode more suitable for the habits of Chinese consumers.It has sprung up in the field of e-commerce in China and has become the mainstream mode of online shopping and online consumption in China.However,the online shopping mode of online auction has not completely disappeared in China’s e-commerce field,and it still exists as a supplement to the traditional online trading mode.Compared with the traditional online trading mode,the application of consumers’ right to regret has formed a certain social consensus.Whether online auction,a special form of online trading mode,should be applied to consumers’ right to regret is controversial in both theoretical and judicial practice.This makes that in the mainstream auction network platform,the platform subject can openly exclude the application of consumers’ right to regret in principle in the relevant platform rules.The operators who originally gathered on traditional e-commerce platforms such as Taobao,jd.com and tmall are also using such platforms to sell fixed price goods under the cloak of "online auction",so as to avoid legal supervision and infringe on the interests of consumers.Based on the above reality,it is urgent to clarify the nature of online sales and whether consumers’ right of regret is applicable to online auction.The first part of this paper analyzes the current situation of the application of consumers’ regret right in online auction.Firstly,starting with the development process of the online auction system entering China,this paper introduces the current domestic mainstream online auction situation,explains the reasons why the online auction has not become the mainstream from the perspective of the consumer psychology of Chinese Internet users,and points out that it may also be the social deep-seated reason for the long-term inconclusive discussion on whether the online auction should belong to the general online sales.From the perspective of form,because online auction is a mixed form combining the two sales modes of "online shopping" and "auction",whether it belongs to online shopping in disguise or should be characterized as auction using online platform is the key point for whether consumers’ regret right should be applied.In order to further study its nature,this paper analyzes the particularity of online auction,compares it with general online shopping and auction from the perspective of transaction mode,transaction object and legal relationship,and summarizes the different views at home and abroad on whether online auction should apply consumers’ right of regret.Through the elaboration and analysis of this part,the article attempts to find the key focus for the current dispute over the application of consumers’ right to regret in online auction,so as to facilitate further discussion and research.Then,in the second part,the article focuses on the reasons why consumers’ right of regret should be applied in online auction.Due to the universality and fuzziness of the word meaning of "online auction",starting from China’s current national conditions and practical significance,the article limits the "online auction" discussed in this paper to the online auction mode adopted by the domestic mainstream Alibaba auction and JD auction,excluding judicial auction,auction on "zhongpai.com" and bulk property auction,which are obviously different from general online shopping,And it is clear that the auction mode is not applicable to the consumer protection law.Based on this definition of online auction,this part is mainly carried out from three angles.Firstly,according to the content of Article 25 of the law on the protection of consumers’ rights and interests,combined with various characteristics of online auction,it clearly explains that online auction is completely covered in the range of consumers’ right to regret in form,and there are no obstacles in legal provisions;After that,the article makes an in-depth comparison between online auction and general online shopping from the perspective of the application of consumers’ right to regret.From the three dimensions of transaction subject,transaction object and transaction mode,it points out that if consumers in general online shopping have reason to be protected by consumers’ right to regret,consumers in online auction also have reason to be protected.Moreover,consumers,as online auction traders,have a significantly weaker position than ordinary consumers.At the same time,from the perspective of the legal nature of online auction,the article also discusses that the application of Consumer Regret right to online auction is not only in line with the legal elements,but also in line with the legal purpose and legislative spirit.In view of the objection that the application of consumers’ regret right in online auction will infringe the rights and interests of sellers and other online auction bidders,and even lead to the demise of online auction system,this paper analyzes it from the perspective of interest balance,Draw a clear conclusion from both positive and negative aspects: the application of consumers’ right of regret in online auction will not infringe on the interests of operators more than that in general online shopping,and will not cause irreparable losses to other bidders.It will not even affect the development of online auction system,but may promote its development;At the same time,if the application of consumers’ right of regret is excluded from online auction,the interests of consumers participating in it will undoubtedly bring more serious and more difficult to balance interests infringement than ordinary online shopping.However,it is undeniable that the relevant provisions of China’s relevant laws on consumers’ right to regret are still very imperfect,especially for online auction,a new form of online transaction,there is no targeted legislation or judicial interpretation.From the perspective of further development and improvement of law,the article discusses it in the third part.First of all,laws and regulations should regulate the auction network platform to a certain extent,such as forbidding it to exclude all illegal acts applicable to consumers’ right of regret,and requiring it to restrict people without civil capacity and people with civil capacity to participate in online auction,which is a lucky form of online transaction;Secondly,in view of various intertwined online auction modes,the law should distinguish and delimit clearer boundaries,so as to facilitate judicial practice and guide social behavior;Finally,considering the factors such as improving the risk awareness that consumers should have when participating in online auction activities,it is suggested to adjust the hesitation period of consumers’ right to regret from seven days to three days.The last part of the article is the conclusion of this paper,which refines and summarizes the views of the full text and draws a conclusion. |
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