On The Improvement Of Consumer's Right Of Rescission

Consumer's right of Rescission is the product of rapid market economy development,and it's one of the tools to protect consumer's rights and interests in modern economic society.With the development of the society,and the appearance of new ways to trade and propagandize,the more consumers are placed in a weak position in the deal,then problems of damaging consumer rights and interests gradually emerge.Since the 1970 s,some European and American countries have established consumers' right of rescission to solve the outstanding consumer problems in practice.In 2014,the system of Chinese consumers' right of rescission was formally implemented,which mainly aimed at the consumption behaviors like online shopping,TV shopping,telephone shopping,mail order and so on.However,in our country,this system is still in its infancy,and there are still many deficiencies in the legal provisions,and the resulting disputes are gradually emerging.Improving the system of consumers' right of rescission is related to the overall effect of consumer protection system,and also affects the basic production and life of consumers.This article,in addition to the introduction and epilogue part can be divided into four chapters:Chapter one tries to find theoretical basis for the consumer's right of rescission,mainly considering the information asymmetry theory,the theory of consumer sovereignty,cost-benefit theory from economics,and the theory of substantive justice from legal dimension,in order to provide a theoretical point-cut for specific improvement measures of the consumer's right of rescission.Chapter two analyzes the use and weakness of the existing system of the consumer's right of rescission,and provides the actual entry point for the perfection of the system.Chapter three compares different consumer's right of rescission in Germany,France,the United States,and Japan,analyzes these legal systems from aspects of application,exercise style,exercise period in detail,and tries to provide the experience and lessons to improve rescission right system in China.Chapter four bases on the research results of the above chapters,provides several suggestions for improving the system of consumer's right of rescission in our country.Firstly,the author thinks that door-to-door sales,meeting selling,misleading publicity and excessive contract could be incorporated into the application scope of consumer's right of rescission.Secondly,the applicationrules of this legal system should be further refined.Such as specifying the operator's obligation and the deadline to excise rights.Thirdly,the author believes that we could reasonable restrictions on the abuse of consumer's right of rescission by establishing a credit evaluation system bases on the internet platform.