论我国消费者后悔权制度的困境与建议

On the predicament and suggestion of the system of consumers’ right to regret

文章针对我国消费者后悔权的构建历史进行了回顾,阐述了其在我国特有的发展过程及立法演变,并尝试明确其所含要素、特征等。针对我国消费者后悔权行使困难、制度粗化等问题,笔者在反思、借鉴域外经验后,提出了针对性意见,以期在保障消费者权益的基础上,兼顾经营者的权益,从而真正实现互联网电子商务的良性循环。

This paper reviews the history of the construction of consumer’s right to regret in our country, expounds its unique development and legislative evolution, and tries to clarify its elements and characteristics.Aiming at the difficulties in the operation of the right to regret, the coarsening of the system and other problems, the author tries to reflect and learn from the foreign experience, then put forward some specific suggestions.We shall try to take the rights and interests of operators into consideration on the basis of protecting consumers’ rights and interests, so as to actually realize the virtuous cycle of Internet e-commerce.