| The Cooling-off Period System is a legal system which refers to the action that in a legal period of time after a purchase during which the consumer has the right to cancel a contract with the seller without penalty. The main purpose of Cooling-off Period System is to prevent and protect the consumers from facing unfair treatment due to their disadvantage position in a commodity trade and service process. At present, the Cooling-off Period System in China has not yet established, while in other developed countries, the legislation of this system has become very mature. This dissertation, together with the analysis of the basic theory and content of the Cooling-off Period System and the research of the advanced legislation from other countries and the current condition in China, will tend to offer some legislative advice for adding the Cooling-off Period System into the Consumer Protection Law.This dissertation is composed of three parts. The first part will introduce the definition and characteristic of Cooling-off Period System from its birth background. It will provide proof to the rationality and essentiality of Cooling-off Period System from the perspective of the science of saw and science of economic. Finally, it will compare the Cooling-off Period System to some similar systems in China to analyze the uniqueness of Cooling-Off Period System.The second part will mainly introduce the basic content of the Cooling-off Period System. By analyzing and comparing the different foreign countries’legislation of this system from its subject range, trading range, exercise style and exercise consequence, this part will discuss the pros and cons of the system in different foreign countries.The third part is the analysis of the legislation of the Cooling-off Period System. Firstly, it will analyze the feasibility of establishing the Cooling-off Period System in China from the practicing and legislative experiences in China. Secondly, combining the current condition in China, it will discuss the adding of Cooling-off Period System into the Consumer Protection Law. Eventually, this part will offer the legislative advice to the concrete content of the design of the Cooling-off Period System in China. |
