| The rapid development of the economy has produced a variety of new shopping ways, to bring consumers in addition to fast and convenient, affordable, compared with the traditional commodity trading, but also caused a great deal of distress. However, this traditional way of shopping has become a consumer in the main form of consumption, in such a large-scale virtualization and remote trading process, and consumers do not like traditional transactions as intuitive understanding of the commodity value of information, also because operators to avoid the psychological, usually publicity for their own benefit information, dilute, or conceal the goods as much as possible adverse information. Therefore, this case the consumer’s right more vulnerable to infringement. In October 2013 in China the latest revision of the "consumer protection law" (hereinafter referred to as the new "consumer protection law") introduced the right of rescission. The system in the form of law clearly stipulates the consumers through the network, mail order, TV and other ways to buy most commodities enjoyed seven days without reason to return to the right. Right of revocation is to protect the rights and interests of consumers, weapon, its maturity and not directly related to the rights and interests of consumers can be effectively protected. The only from the perspective of civil and commercial law, using theoretical analysis method, several problems of the consumer’s right to regret is discussed in this paper. The text is divided into four chapters.First chapter mainly elaborated the consumer’s right to regret in the establishment of our country, first of all, this part mainly introduces the right of Rescission in the realistic background of our country legislation necessity, at the same time, the countries on the right of revocation of the legislation and the development trend is introduced, secondly, the introduction of the right of revocation of the legislative grounds. The theoretical and practical foundation for the research of the right system of our country.The second chapter mainly elaborates the legal nature of consumer’s right of rescission. This part focuses on the right of rescission is the special right to terminate a contract, the rights of rescission is right of formation, the right of rescission is without reason, legal. For further exploring the right elements of foundation.The third chapter expounds the right system of our country constitution. I.e.strike’s right to regret, validity of the contract for the sale of goods and has fulfilled, exercise the right of revocation of the commodity shall be in accordance with the law the provisions, this Law provides two classes does not conform to the situation no reason to return the goods, exercise the right of rescission subject should comply with the provisions of the law, the return of goods should be as well.The fourth chapter elaborates on the efficiency of the exercise of the right to go back and go back right. Among them, mainly on the controversial issues in social practice are discussed:’s right of rescission of the exercise period, the ways to exercise rights of rescission, the exercise of the right of rescission freight borne, in order to in legal practice for the system. |
