The Consumption Of Cooling-off Period And Constructing In China

With the rapid development of economy and technology is updated ceaselessly, countries all over the world pay more attention to the protection of consumers' rights and interests. As for the protection of consumer rights and interests of a special policy, consumer calm period in some overseas institutional has stipulated legislation, and become a trend of legislation. The protection of consumers' rights and interests in our country faces the first overhaul of consumption, calm period around the establishment of the system of a heated discussion, the paper expounds four parts, the first part of the system from the consumer to calm period, the origin and concept of legislation and practice in this system, the connotation and the related with current legal system is similar. The second part for consumption from theory, the establishment of the system of calm period provided legal support, The third part, based on the reality of our country, the paper consumption calm period system in China, the necessity and feasibility of constructing The fourth part, in reference to the national legislation is proposed, based on the experience in constructing consumption calm period of legislative model and system, and concludes that consumer fraud in China, is serious, the more obvious weak consumer to consumer situations, as the tilt of the system establishment, calm period in the law on the comparative advantage, shaping consumers to balance its practice of congenital disadvantage, and better protect consumers' rights and interests. But this one is for the establishment of the system of the traditional theory of a contract, the applicable will bring about a series of negative effects, such as increasing the transaction cost of operator in China, thus constructing consumption in calm period should face the system can bring negative effect of the guidance and actively, adjust and perfect the relevant legal mechanism, to realize the interaction law system.