Case Study Of Consumer Rights To Regret In China

Consumer rights to regret is an exclusive legal right exercised by the consumer during a specified period by the law, under the condition of which that the consumer and the transactor have signed a contract and the contract has taken effect. During this period, the consumer has the right to tear up a contract unilaterally and to terminate the bilateral right-obligation relation between them without explaining or assuming responsibility for the breach of the contract. "Decisions on Amending Consumer Protection Act of the People’s Republic of China" (hereinafter referred to as "New Consumer Protection Act") has been passed at the fifth meeting of the standing committee of the 12th National People’s Congress. For the first time, consumer rights to regret have been signed into law. Under such legislative background, relevant systems of the new law need further improving by scholars from both theoretical and applied fields.In this paper, the limitations of the present systems are summarized by practical cases. An in-depth discussion is made through the study of the background of both legislation and practice in China, abroad reference for relevant rights both in legislation and practice, and the existing problems of the act at home. At last, suggestions are proposed on how to improve the act.The paper includes four chapters:In Chapter One, through the analysis of five cases, limitations of the present system are summarized as:unclear definition of its range of application, poor operability, the lack of relevant provisions for the transactor to be informed, the lack of stipulations to ensure the consumers’rights when faced with lawsuits, and unsound supporting systems.Chapter Two elaborates on the definition and features of the term, introduces Chinese earlier practices that goods could be returned with no reasons and sums up the history of the act in China.Chapter three concentrates on the law’s existing problems reflected from the classic cases. In this part, the present situation of these problems, the hidden reasons causing them and their harm are analyzed thoroughly.Chapter Four is the innovation of this thesis. After analysis of the abroad reference on legislation and practice, the study by Chinese scholars and the writer’s in-depth thinking, ways of implementing and improving China’s consumer rights to regret are proposed.