On The Study Of Withdrawal-right System

Consumers’withdrawal-right is that the consumers’can return goods without any reasons in a period in some special transaction mode, and they don’t need to Bear the adverse consequences. It’s a Right of formation. In1981, Heck for the first time put forward the withdrawal-right. In1964, the British enacted the law involving the withdrawal-right. From the on, withdrawal-right system developed and set a mature legal system. In September2009, the article31of Consumers’Protection Law (Modified paper) put forward to build withdrawal-right system, attract many scholars. In2013, the new Consumers’Protection Law came out, means that the Consumers’ withdrawal-right was set by law.The legitimacy of withdrawal-right was questioned by the scholars, they thought the withdrawal-right deviated from the freedom of contract principle, but it’s not. This principle was based on classical economics, when the economy was developing and the study was in-depth, the classical economics was instead by behavioral economics. In behavioral economics, it emphasized bounded rationality, limited self-interest and limited will, the consumers’always made the irrational decision when the effected by adverse factors. So we should help them with Consumers’withdrawal-right. Consumers’withdrawal-right also reflected the Legal paternalism protecting the weak people. It pursued the substantial justice.The modified paper of2009lead to a heated discussion between the academic and practical circle, and was also popular in consumers’. Sina made a questionnaire about consumers’withdrawal-right, many internet users gave their suggestions on building the withdrawal-right system. When the new consumers’protection law came out, it didn’t gave us surprise, for it was behind the modified paper and different between the consumers’need.Compared with the withdrawal-right system in EU, Germany, Britain, the United States, Japan and Taiwan, our withdrawal-right system had many limitation. Especially in some area, like the range of application, the period, the rights and obligations of operators and consumers, and the legal consequences. The author will find out the way to improve the consumers’withdrawal-right system and set up punishment system and Lawsuit system. In order to make sure that the system was effective.