A Study On The Applicability Of The Cooling-off System

With the prosperity and development of China's market economy,consumer transactions in the field are becoming more and more complicated,and the interests of consumers are more likely to be infringed,especially in the areas of door to door sales,long-distance transactions,consumer credit and time-sharing.The cooling-off system is an important system of consumer protection,which gives consumers the right to unilaterally terminate the contract without any reasons in a given field,giving consumers a rational choice for a period of time after the contract is established.On October 25,2013,China promulgated the new "Consumer Protection Law"(hereinafter referred to as " consumers law").The law,for the first time,officially introduced the cooling-off period in the form of legal system,which has the milestone significance to our country's cooling-off system However,compared with the mature foreign development of a cooling period,China's cooling-off period is still in its infancy.By analyzing the specific application of Article 25 of the Law,on the Protection of Consumers' Rights and Interests and the relevant provisions,this paper compares the legislative situation of the foreign cooling-off period system and puts forward the suggestions for perfecting the system of the cooling-off period in our country so as to better protect the legitimate rights and interests of consumers.This paper is divided into four parts to discuss.The first part mainly introduces the meaning of the cooling-off period system.First of all,the "Consumer Protection Law" Article 25 and the relevant provisions of the analysis,analysis of the "no return","goods in good condition","freight commitment" and other applicable issues;second is a comparative analysis of the relevant rights and cooling-off period.The concept and characteristics of the system of cooling-off period are expounded.The second part analyzes the background and causes of the cooling system.Firstly,it analyzes the emergence of the cooling-off period system and the development process of each country.Secondly,it analyzes the main causes of the cooling-off period system,such as the inequality of the status of the two parties and the asymmetry of the commodity information.Finally,the cooling-off period system is in line with the objective Requirements and the national public power on the economic operation of the nature of intervention.The third part analyzes the specific application of the cooling system at home and abroad.By elaborating the applicable subject,the scope of application,the mode of application,the applicable period and the applicable limitation,this paper puts forward the perfect conception of China's cooling-off period system on the basis of drawing lessons from mature foreign legislation experience.The fourth part discusses the applicable legal consequences of the cooling-off period system.Firstly,the nature of the quiescent period is expounded,and the legal consequences shall apply mutatis mutandis to contract termination right.Secondly,the applicable legal consequences of the cooling-off period system are discussed from the obligations of the operators,the obligations of consumers and the cost.