Research On The Applicable Rules Of The No-reason Return Syste

The system of return without reason aims to balance the information asymmetry between consumers and operators,protect the legitimate rights and interests of consumers,and maintain normal market transaction order.However,in practice,due to the uncertainty,insufficiency of legal provisions and the lag of legislation,consumers and operators have different understandings of the system of return without reason,which has led to disputes over the application of the system.Therefore,the article takes the relevant regulations of our country’s system of return without reason as an insight,and uses case analysis,comparative analysis and literature analysis to conduct special research to explore how to properly understand and correctly apply the regulations,and strive to provide a certain reference basis for the sustainable development of system of return without reason and the resolution of applicable disputes.In addition to the introduction and conclusion,the full text is composed of four parts:The first part is a case analysis.This part analyzes the focus of controversy in second-hand commodity transaction disputes,commodity signing time disputes,commodity application disputes excluding disputes,and "goods in good condition" standard disputes.The second part discusses the problems in the application of our country’s system of return without reason.This part analyzes the content of the terms of our country’s current system of return without reason.One is to point out that the scope of the definition of "operator" is uncertain.The second is to point out that there are disputes about the time limit for the exercise of rights,including the unclear starting point and the length of the time limit to be discussed.The third is to point out that the exclusion clauses are too general,including statutory exclusions that need to be refined and supplemented,and the constituent elements of agreed exclusions need to be clarified.Fourth,it is pointed out that the standard for determining "goods in good condition" is not clear.The third part draws on the applicable rules of the German system of return without reason.This part mainly analyzes the enlightenment of the applicable rules of the German system of return without reason to our country,and proposes to use business activities as the defining element of the scope of "operators",set a flexible and reasonable time limit for the exercise of rights,further refine the exclusion of applicable clauses and stipulate value compensation obligations.The fourth part discusses suggestions to improve the applicable rules of our country’s system of return without reason.This part mainly makes suggestions on the application of our country’s system of return without reason from the legislative perspective.First of all,the scope of the definition of "operator" should be determined.Secondly,the regulations on the time limit for exercising rights should be improved,for this reason,the meaning of "received" can be clarified,the starting point can be related to the operator’s notification obligation,and different rights exercise periods can be divided according to the nature of the goods.Thirdly,the applicable clauses for exclusion should be refined.Specific measures include refining and supplementing the content of statutory exclusions,giving online shopping platforms certain unilateral exclusion rights,and clearly stipulating the elements of convention exclusion.Finally,the criteria for determining "goods in good condition" should be clarified.