Research On The System Of Consumer's Right Of Rescission

The conception of"Causeless return"is already known to Chinese people as a western commercial cultural exotic since Amway"land on". But it merely exists as a business principle instead of a mandatory right for consumers in china. The modification of"causeless return"into consumer's right of rescission in the draft of the consumer's protection law also raises broad concerns. This article discusses the rationality and necessity of the system of consumer's right of rescission meanwhile makes suggestions for improvement. This article, first analyzes the unbalanced interests between operators and consumers, then points out the importance of this right on balance of the interested parties. Furthermore, the article talks about dialectical relations between consumer's right of rescission and economic justice and efficiency. Finally makes some suggestions for improvement. Part I involves general interpretations of consumer's right of rescission. After identify conception and characteristics, the writer then make further analysis about the right's legal nature based on which comparisons made to relative conceptions.Part I involves general interpretations of consumer's right of rescission. After identify conception and characteristics, the writer then make further analysis about the right's legal nature based on which comparisons made to relative conceptions.Part II examines social foundation of consumer's right of rescission in various views. First the writer focuses on moral foundation, knowing the consumer's right of rescission as a promotion for honesty principle. Second, from a realistic perspective, the writer explains escalating trend of information imbalances in the current economic climate, so this right is needed to ensure consumers'rights and interests. Finally he demonstrates the legitimacy of it from perspective of both theory and practice of other countries.Part III is about value and significance of consumer's right of rescission. The writer makes a discussion on relations among operators and consumers, operators'selves, economic efficiency and economic safety. Then analyzes possible social effects on implement of consumer's right of rescission and gives prediction about adverse impact it may have.Part IV discusses about implement and restrictions of consumer's right of rescission. No rights can exits without limit. If the consumer's right is practiced inappropriately, it will bring about a new round of interest imbalanced. This section is mainly from a theoretical perspective combined with different countries'legislation practice to analyze provisions about the right's scope, exercise method, exercise time-limit and other relevant applicable limits.Part V focus on improvement of consumer's right of rescission in our country. This section discusses implementation of relevant legal system after consumer's right of rescission putting into practice and the resolution of possible abuses of right, which is on the basic of the existing legislation system. In the end the writer gives suggestions for improvement.