Research On Consumers’ Unreasonable Return

In order to protect the consumers who are in the weak position of transaction,the right to return goods without reason is given by the state according to the concept of social standard of economic law to unilaterally enjoy the right to terminate the contractual relationship with the operators within a certain period of time after signing the consumption contract.As a new type of consumer right,the legal value of the right lies in eliminating the information asymmetry between the two parties in the consumer contract,or the situation that the consumer’s meaning is not free,so as to ensure the realization of the substantive fairness and freedom of the transaction.In addition to protecting the legitimate rights and interests of consumers,the establishment of this right will also play a positive role in building a good faith trading system,improving the overall quality of commodities,creating a fair market competition environment,and improving the efficiency of consumer dispute resolution.However,due to the late establishment of this right in China’s legislation,and the relevant system design is not yet fully mature,there are still some defects in the system of consumers’ right to return goods without reason.For example,on the level of legal norms,there are problems such as disordered legislative structure,narrow scope of application of rights,lack of provisions on the burden of proof and so on.In the specific implementation process,due to the lack of corresponding tips and supervision measures,it is also easy for some consumers not to understand the right or abuse the right.Therefore,in order to comply with the modern consumer market environment,better protect the legitimate rights and interests of consumers,and maintain the good operation of China’s market economy system,we need to improve the right to a certain extent.In this paper,through the use of empirical analysis,historical analysis,comparative analysis and other research methods,combined with the basic situation of China’s contemporary consumer market,absorbing the advantages of relevant laws and regulations of foreign developed countries and regions,the specific improvement measures of consumers’ right to return goods without reason in China are studied.First of all,this paper holds that the scope of application of consumers’ right to return goods without reason should be expanded,and consumers’ right to return goods without reason should be added in the form of law.This is not only conducive to ensuring the substantive fairness and freedom of offline consumption contracts,but also conducive to strengthening the rigor of China’s legislative structure.As for the legislative model,this paper holds that it is most appropriate to choose arbitrary legal norms.However,when both parties agree to exclude the application of this right,they must strictly follow the legal procedures and abide by the corresponding exclusion restrictions.In addition,in order to improve the efficiency of transactions,the law should also provide that in principle,the situation of the right to return goods without reason should not be applied.Secondly,this paper argues that the law should increase the obligation of disclosure of operators on the basis of existing norms,so as to ensure that consumers can be familiar with the exercise of rights.In addition,the law also needs to put the burden of proof on the operators to reduce the burden of consumers’ rights protection.As for the loss of return interest of operators,this paper holds that the law does not need to intervene in this,but rather should leave it to the market for flexible solution.Finally,in addition to the improvement of the system of consumers’ right to return goods without reason from the perspective of laws and regulations,this paper believes that the corresponding functions of consumer associations,market supervision and management departments,mass media,etc.should be fully played,so that they can guarantee the smooth exercise of consumers’ right to return goods without reason,but also crack down on the abuse of consumers’ right to return goods without reason.If the above measures are adopted,they will not only protect the legitimate rights and interests of consumers,reduce the abuse of rights,realize mutual benefit and win-win of both sides of the consumption contract,but also play a key role in ensuring the good development of China’s market economy.