A Study On The System Of Consumers' Returns In China

The Consumer Protection Law stipulates that consumers have the rights of return, which is the product of social development and an important means to protect consumers’ rights and interests. Nowadays, compared with some European and American countries which advance in legislation, the protection level and strength of consumers’ legal rights and interests in our country need to be improved. Therefore, the law should give consumers the rights of return explicitly, which is of great importance and can improve our country’s overall protection level towards consumers. This thesis discusses the basic theory of consumers’ rights of return and analyses two regulations intensively, one is" consumers’unreasonable right of return under untraditional sales mode" introduced in the new Consumer Protection Law in 2013, the other is "depreciation cost regulation of return "introduced in Provisions on the Liability for the Repair, Replacement and Return of Some Commodities jointly published by State Economic and Trade Commission, the State Bureau of Technology Supervision, State Administration of Industry and Commerce and Ministry of Finance. At last, on this basis, compared with the relevant regulations in European and American countries, this thesis puts forward some corresponding perfect suggestions on the protection policy of right of return combined with China’s national conditions and reality.There are four chapters except the introduction.In Chapter One, it introduces the basic theories of consumers’ rights of return. This Chapter mainly discusses the concept, legal nature and function of consumers’ rights of return. In addition to these, it also differentiates and analyses some related confusing rights. On this basis, this Chapter discusses two issues about right of return, one is consumers’unreasonable rights of return under untraditional sales mode, and the other is depreciation cost regulation of return.In Chapter Two, it analyses the regulations of consumers’unreasonable rights of return under untraditional sales mode specifically. Based on the concept, contents and range of application of consumers’unreasonable rights of return under untraditional sales mode, Chapter Two discusses some practical problems when consumers exercise their rights, which are restriction of operators’customized terms, freight charge of return, hindrance of micro business and abuse of rights.In Chapter Three, it mainly discusses the depreciation cost regulation of return. There exist three problems in the regulation of depreciation cost regulation of return. Firstly, the rate of depreciation lacks rationality. Secondly, the contents are unscientific. Last but not least, some regulations are inconsistent with the legislative purposes. Therefore, in Chapter Three, it concludes that the depreciation cost regulation of return should be canceled in some relevant laws.In Chapter Four, it puts forward four perfect suggestions on consumers’rights of return to improve the protection level of consumers in our country. Firstly, the law related to consumers’rights of return should be concrete and complete. Secondly, the law related to consumers’unreasonable rights of return under untraditional sales mode should be refined. Thirdly, the depreciation cost regulation of return should be canceled. Finally, related legal policy should be established to prevent consumers from abusing rights.