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The Research on Consumer’s Right to Regret

Author: ZhongZuoSha
Tutor: ChenZhi
School: Southwest University of Political Science
Course: Legal
Keywords: Regret right The interests of consumers Protection
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 210
Quote: 0
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Abstract

\Today, however, China's consumer market is no longer the traditional operators dominated the market, it has been by the seller-oriented market into a buyer-oriented market. At the same time, with the development of science and technology, operators no longer simply use the traditional violent means to force consumers to transact with, but to use high-tech means, network information and other new ways, not through information, transaction status equal to entice consumers, the introduction of the bait consumers rush to sign a contract in the case of no psychological preparation. Once again highlighted the weak position of consumers. Based on the weak position of consumers, the law, especially in social-based, and the pursuit of that really fair economic law should be special protection for consumers in order to achieve a balance between the interests of the consumers and the operators. Regret right system is a tilt of the system to protect the interests of consumers. Period of time after the signing of the contract by giving consumers without an explanation to withdraw the contract, and do not have the right to accept any responsibility, so that the parties entered into the contract to return to the initial state. Regret right system truly reflects the tilt protection, balance the interests of the spirit of the legislation, reflecting the economic law of state intervention in the economic operation and regulation, and also a good interpretation of the fair, the spirit of voluntary civil law, it conforms to protect the interests of consumers The international trend is an inevitable choice for the development of a market economy. Abroad more economically developed countries in terms of consumer protection legislation stipulates regret right system and more mature, foreign called a cooling-off period system. The main purpose of the establishment of the system in order to avoid damage by the interests of consumers lack of trading experience in direct sales, the legislation aims to enable consumers to make the decision to enter into the contract because of its own impulse can be attributable to the elimination, back to the initial state ; legislative effect is to give consumers a cooling-off period to think, let him once after the conclusion of the contract to rethink opportunity, and also do not have to pay the price if consumers eventually choose to cancel the transaction. Germany, the United States, Britain, France, Japan and other countries legislation stipulates regret right system, and achieved great results in practice. China has not yet formally regret right into the legislation. Regret right embodies the spirit of the basic principles of the civil law, in line with the requirements of the market economy development, can effectively compensate for the deficiencies of the traditional legal system to protect the interests of consumers, and an important guarantee for the consumer's right to know, in line with the trend of the international protection of the consumer movement. In addition to the introduction and conclusion section is divided into four parts: the first part is a study of the general theory of consumer regret right. First of regret right to define clear concept of regret right that consumers within a period of time after the conclusion of the contract, according to the provisions of the law unilaterally withdraw from the contract without having to explain the reason, the right to bear the responsibility. Secondly, the introduction of consumer regret right History. By understanding the consumers to regret right to produce regret right of way of the development of the situation, take a look at how to develop foreign regret right background, as well as in foreign countries. Finally, analysis of the legal nature of the right to regret. The second part is the relationship between the study of consumer to regret right and related rights. Part by contract law on the right to revoke the contract, the contract right to rescind and Consumer Law on the consumer's right to know, the right to choose, the right of return visits, and understand the differences and relations of the of regret right and related rights. The third part is the basic content of the foreign regret right system. The parts from the scope of regret right, the exercise, the exercise period, legal regret, and to abuse five aspects of the prohibition of the right to fully examine the system architecture of the advanced countries regret right. The fourth part of our consumers regret right system considerations. First, the analysis of the legitimacy of our consumers regret right. Its legislative philosophy, the necessity and feasibility of three to be demonstrated. Secondly, from China's actual conditions on the building of our consumers regret right thinking. Finally, elaborate safeguards implementation of the right to regret.

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