关键词: 后悔权, 商品完好, 客观证明责任, 主观证明责任

Abstract:

For the objective burden of proof on commodity in good condition element in right to regret, there is no definite conclusion based on the analysis of the continental law system and Anglo-American legal system’s theory Because of the collision between the conclusions of existing law’ theoretical basis and the legislative purpose of Consumer’s Interest Protection Law, this analysis conclusion is improper The operators ought to shoulder that objective burden of proof from the perspective of the purpose of right to regret and the economics of the law As for the subjective burden of proof, the participants of proving activity should cooperate actively and at the same time take advantage of anscheinbeweis, spoliation of evidence, and the transferring of the concrete objective burden of proof to impel the proving activity to move along a sine wave Due to the operators’ various reasons to refute consumers’ right to regret, it is necessary to analyze the proving activities concretely

Key words: right to regret, commodity in good condition, objective burden of proof, subjective burden of proof