Comparetive Research Of Legal System Of Comsumer’s Consumer’s Right Of Withdrawal

This thesis consists of three sections——index、main body and conclusion.This thesis is developed along the two research routes:first,starting from the legal system of consumer’s right of withdrawal is the basic legal principle of the point of view of knowledge has done a more detailed introduction to the concept and the characteristic of the legal system of consumer’s right of withdrawal,and in-depth analysis of the consumer’s right of withdrawalthe nature,legal system of ownership,and the theoretical and practical circles on the legal system of consumer’s right of withdrawalrelated disputes.The second is from the legal system of consumer’s right of withdrawal contained in the content set,this thesis analyzes the related contents of the legal system of domestic and foreign countries about the consumer’s right of withdrawal,and points out the relevant provisions of the current law of our country,and put forward corresponding suggestions.The first chapter is the index,It introduces the chosen title’s background、purpose and means、logical structure and Argumentation thinkingstructure designing of the writing.It can clarity the premise consideration about the problem for the author to discuss this issue and the knowledge by the introduction of the index part.The second chapter is the analysis of the basic theory about the legal system of consumer’s right of withdrawal.Firstly,the paper introduces the existing different definitionsin the theoretical field about the consumer’s right of withdrawal,this paper eventually think thatthe consumer’s right of withdrawal is refers to after the consumer contracts entered into,consumer unilaterally can withdraw the contract,thus the combined with rendered null and void,without any reason and not to bear the breach of responsibility.Secondly,on the nature of consumer’s right of withdrawal and what legal system is it ascribed to,scholars at home and abroad have many arguments.Many domestic and foreign scholars agree that the consumer’s right of withdrawal is a kind of civil rights,But consumer’s right of withdrawal is a kind of rights of economic law both public and private law in this thesis because of the nature of economic law,and the relationship between economic law rights and consumers rights.scholars who advocate the consumer’s right of withdrawal is a civil rights will naturally maintains that the legal system of consumer’s right of withdrawal should belong to the civil law system.In this paper,it advocate that consumer’s right of withdrawal should belong to the economic law systemarising from the background of economy law,the nature of economy law,the function of economic law,the relationship between consumerprotection law and economic law.Civil law system has been unable to adjust information asymmetry between consumers and business operators,identity,etc.,So it need the intervention of public power to tilt the protection of consumer,so it should demand the economy law to adjust.Again,some scholars at home and abroad are in favour of the legal system of consumer’s right of withdrawal,but also some scholars against it.Approving encourage operators to provide more high-quality goods or services,to better protect consumer,to promote economic development.But the oppositions think that the legal system of consumer’s right of withdrawal is the deviation of "Pacta Sunt Servanda " principle,and consumers are likely to abuse the right of withdrawal etc..This paper analysize these points one by one and think that the legal system of consumer’s right of withrawal is just a exception of the principle,Structure a good legal system mechanism of consumer’s right of withdrawal,especially limited the conditions for implementation of the system,consumer abuse the rights of withdrawal will likely reduce a lot.The third chapter is the comparative analysis of the law system of consumer’s right of withdrawal in foreign countries or international organizations or regional,mainly compares the regulations of the European Union,the United States,Germany,France,Britain,China Taiwan and other countries or regions of the legal system of consumer’s right of withdrawal.By comparison,it is discovered that in the global scope,the legal system of consumer’s right of withdrawalin European is the most developed in the world,while the system of consumer’s right of withdrawal in the United States may not developed because of it more valued operator’s information disclosure obligations.In comparison,although there are some differences in the member states of the European Union and domestic about the legal system of consumer’s right of withdrawal in the legislation,but there are still certain similarities.But the correlated laws in other countries is different greatly;especially there is a big difference in the provisions of the applicable range in the consumer’s right of withdrawal,the period of withddrawal,the implementation rules of the consumer’s right of withdrawal and the legal consequences of the implementation.The fourth chapter mainly analyzes the conflict and coordination of the legal system of consumer’s right of withdrawal in the cross-border consumption.This chapter first analysis the existence of a large number of global online shopping and other cross-border consumption phenomenon in our present society.Throughout the world across border consumption is also increasing in the development of the information age,consumers become international consumer from domestic consumer.And the legislative regulation of the national legal system of the consumer’s right of withdrawal is different,so can a consumer who shops across the borders enjoy the right of withdrawal,If consumer can enjoy this right,then shouldhe enjoy what degree of protection and the scope of protection of the rights of withdrawal.It depend on this cross-border consumption should be applied to which national law.This first problem must be resolved.So how to coordinate the legal system of consumer’s right of withdrawal in the various countries is a important problem.It requires the international community issue related international treaties,or the states sign a bilateral treaty.In the fifth chapter,the latest revision of "Law of the people’s Republic of China on the protection of consumer rights and interests "was come into force on March 15,2014.Some large e-commerce platform such as Taobao,tmall Taobao,Jingdong Mall,Amazon China and other with larger influences in our country posted relevant information about the legal system consumer’s right of withdrawal on its Web site,make it clear that which items can apply to the the right of withdrawal,which product does not apply,etc.Although the e-commerce platform in our country have relevant provisions,it fulfill the provisions of the law,but unsatisfactory.There are many problems,such as how to calculate China’s "consumer protection law"provisions of the 7 day period to withdrawal contract,the rules of the e-commerce platform are different,the applicable scope of 7 days of the withdrawal right and the range of goods also varied greatly,especially how to definite the goods in good condition is very different in the e-commerce platform,etc..And these problems in practice in a certain extent are caused by the provisions of "Law of the people’s Republic of China on the protection of consumer rights and interests",Article 25 not detailed enough,the lack of operability,so we should further improve the legal system of consumer’s right of withdrawal China’s "consumer protection law".For example,it canslightly expand the scope of the consumer’s right of withdrawal,increase the information disclosure obligations and legal responsibilities,more detailed the implementation rules and legal consequences of the consumer’s right of withdrawal etc..In the conclusion part,the conclusion is given through summarizing the full text.