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The Implementation Of Protection Of Consumer’s Right In Our Country

Posted on:2015-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:G H CuiFull Text:PDF
GTID:2296330431975454Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The consumer’ s right of rescission is an inclination of legal system, its main purpose is to protect the rights and interests of consumers. Through a period in which consumers after the signing of a contract, without explanation, and need not assume any responsibility, to withdraw the contract rights, so that the two sides restore contract to the initial state. The consumer’s right to regret really reflects the spirit of the legislation tilt protection, balance of interests, improve the level of protection of consumers’ rights and interests, embodies the spirit of civil law fair, voluntary. It conforms to the international trend of the protection of consumer interests, is the inevitable choice for the development of market economy. Legal America, France, Germany and other countries of the existing have ruled the consumer’s right to regret, although in the name, content are different, but the same in practice has made great achievements._But at present our country is just the right of rescission system into the "consumer protection law," the people’s Republic of China. The consumer’s right of Rescission in accordance with the requirements of market economy, in line with the current consumption patterns. By giving consumers in the particular case of consumption, poor sales behavior can effectively restrain the operators, to protect the legitimate rights and interests of consumers, make up the shortage of traditional legal system in the protection of the rights and interests of consumers. Of course, China’s consumer’s right of rescission to really play a role in the practice and the function above, some corresponding measures must match arranged in each legislative, judicial, administrative and other aspects, in order to protect, auxiliary and promote consumer’s right of rescission is effectively implemented. Therefore, this paper will be the implementation of consumer’s right safeguard as the center, analysis and discussion of perfecting the system of consumer’s right to regret.This paper will be divided into four parts:the first part is the study of general theory of guarantee and the consumer’s right to regret on consumer rights. First, the introduction and analysis of simple on consumer rights and the implementation of security problems. Secondly, the concept, characteristics, the consumer’s right to regret the legislation idea and implementation of security-content thinking and analysis. The second part is to the right of rescission system of foreign advanced and the implementation of safeguard measures and Its Enlightenment to china. This part mainly discusses the three countries on the right system in America, Germany, the content and method of the implementation of security measures, and to perfect the system of consumer’s right to regret our enlightenment. The third part is the analysis of the consumer’s right to regret the status of the system and law enforcement. First of all, the author summarizes the legislation of consumer’s right of rescission, and puts forward some different views of their. Then, the analysis of the actual implementation of the consumer’s right of our country, and points out that the right of Rescission in the implementation of the difficulties and limitations. The fourth part is to perfect our country’s consumer’s right to regret the implementation of specific ideas of security. The effective implementation of the part facing the consumer’s right to regret mainly from the legal, administrative, judicial and other subjects, the four layer, put forward some concrete ideas.
Keywords/Search Tags:consumer rights, the consumer’s right to rescission, thecooling off period, the implementation of security
PDF Full Text Request
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