On The Improvement Of The Consumer's Right Of Revocation System

In the market economic life transaction,consumers are in a weak position in the market compared with the operators and sellers.So protecting the rights and interests of consumers is very important.And the right of consumers to withdraw is the most direct form of protecting the rights and interests of consumers in the form of law in the economic market.From the civil law and common law countries of the legislation is not difficult to find,to protect consumers "rights and interests are very important,basically to perfect national consumers' right of withdrawal system made detailed provisions,China is no exception,although in the" consumer protection law "about the consumer right to withdraw and no further perfect,but the basic framework of the consumers' right of withdrawal system has been basically formed,and attracted the attention of scholars.With the development of economy and the progress of society,people's living standard is constantly improving,and the concept of shopping is also deepening.At the same time,in real life,consumer attitudes,consumption patterns and consumption structure have undergone significant changes.At present,with the popularity of network,online shopping,telephone,TV shopping has become a part of consumption indispensable,led to a dramatic change of the traditional concept of consumption,such as consumer knowledge updating slow,sensitive information and economic strength of the backwardness of the consumers in a relatively weak position in the shopping,after once consumers buy the product into the shopping level,further understanding of products,that all aspects of the product is not satisfactory,the regret psychology,what is more,the operator or sellers of product to understand and share the advantage position in the market,through different means of promotion,by induction,deception and contributed to the consumer trading contract,trading behavior is seemingly ordinary,is actually the business operators and consumers by consumers of professional knowledge Ignorance,to understand the products and shopping for lack of experience and the unequal contract advantage of the completion of the transaction,in this process,because consumers confuse role operators or sellers,do not make real mean behavior,which damage the legitimate rights and interests of consumers in virtually,and after consumers and law on the basis of appropriate relief for their damage to the legitimate rights and interests of consumers,and this is where the difficulties faced by.Along with the development of economy,the progress of the rule of law,many countries pay attention to the importance of the protection of consumer rights,many countries have formulated the consumer rights protection law,especially the construction of consumer right to withdraw,it is of more importance in the Internet era,modern home transactions,online transactions and remote transactions based on the determined the consumers' right of withdrawal(or consumer's right),after consumers to buy the products,determine a certain period of calm,if consumers think the calm,unreasonable trading,not fair trade,it can be no reason to exercise the right to withdraw the protection of their legitimate rights and interests.Consumers most has the right to withdraw the civil law of Germany,the civil code is the earliest established a complete withdrawal of consumer rights system,at the same time,the common law of the United States also establishes a consumer right of withdrawal system,and established the system of the cooling system,to our country consumer withdrawal right system and perfection is beneficial.Specifically,in order to further protect the legitimate rights and interests of consumers,various countries of civil law and common law have established the "consumer protection law of consumers right to withdraw",which is mainly in order to protect consumers and business operators in trading and sellers,within the specified time,according to the law,no reason to return,without after the operator,the operator and the seller agreed,the Seller shall be no reason to return.According to the legislation of other countries,the modified Gu Congzhong in 2013 "consumer protection law" in our country,the seven days no reason to return the system to determine the provisions of the law,is China's "consumer right to withdraw",and to practice in real life,there are many problems can not be overcome.It makes China's consumers the right to withdraw "face greater challenges,so,how to further improve our consumers the right to withdraw",is the law circles of our country,the theoretical circles and the society from all walks of life are concerned about the topic.Therefore,based on the consumer the right to withdraw as the research center: first of all,the right to withdraw from the theoretical level of consumers,in particular,later described in the concept of the consumers' right of withdrawal,analyze the legal attribute and withdrawal rights of consumers,the consumers right to withdraw and contract law on the right of cancellation,termination right and no reason to return right between the definition of.Secondly,combined with the legislative level and practical level of the right of withdrawal,it points out the defects in the scope of the application of the right of withdrawal,the insufficiency of the right of withdrawal,and the abuse of the right of withdrawal.In addition,according to the common law and civil law in the United States,Britain,Germany,Japan and Taiwan region of China's study on the consumers' right of withdrawal system,provide more experience for our country to improve the consumers' right of withdrawal system.Finally,through the analysis of defects of China's consumer right to withdraw,with extraterritorial investigation,combined with China's national conditions,to further improve the consumers' right of withdrawal system,the scope of application,to the consumer the right to withdraw the applicable rules and consumers the right to withdraw the legitimacy and necessity of providing suggestions.Through the analysis of China's consumer right to withdraw the legislative level and practice level and existing problems of the continental law system and the Anglo American law system study,this paper comes to the perfection of the consumers' right of withdrawal,the summary is as follows: first,to further expand the application of consumer right to withdraw,as much as possible to protect consumers in the in the market of legal capital,expanding the scope of application: the consumers right to withdraw,direct door-to-door,prepaid consumption and other consumption in the field of consumption are included in the field of consumer rights system within the scope of the withdrawal,to protect the legitimate rights and interests of consumers,operators and sellers to prevent violations of the legitimate interests of consumers in different areas.Second,make clear the application of the right of withdrawal of consumers.Confirmed by the setup of the consumers' right of withdrawal,for consumers' right of withdrawal,and increase the operators in the consumer in the process of the duty of disclosure,clearly at the same time,the exercise of the right to withdraw the starting point of exercise of consumers and consumers' right of withdrawal,in order to balance the consumer and business operator,the seller's interest,determine the "basic standards of goods after".Third,in order to maintain the balance between consumers and operators,the Seller shall exercise the legitimate rights and interests of consumers the right to withdraw the right to withdraw the reasonable restrictions on consumers in the system: from the withdrawal of two party set the abuse of the right goods price starting point and standard consumers' right to withdraw the equality operators and consumers and sellers in order to protect the interests of all parties.The market economy healthy and smooth operation.