Study On The Right To Withdraw In German Civil Code

Currently, to amend the Consumer Protection Act was included in the 5-years legislation plan of the NPC Standing Committee. The "Consumer Protection Law" has been implemented for 15 years, it is not enough to protect the rights of consumers and must be revised. The right to withdraw into the consumer protection law is the direction and trend of legislation. Withdrawal rights originated in the sixties of the 20th century. At that time the United States had provided in the field of direct marketing system cooling-off period. Now many countries in the world set the right to withdraw, to regret, and for cooling-off period, etc. They apply to specific areas of consumer activity, have similar meaning. Consumers have a legal right, if they regretted for their consumer behavior, They can return goods to the operator within a reasonable period of statutory, without specifying the reasons, and need not bear the cost.Before the Debt Law Reform in Germany,there's withdrawal rights in a series of consumer protection single law. The Debt law reform became an important turning point. The vast majority of a single law has been absorbed in German Civil Code. The right of withdraw has also been incorporated into the German Civil Code. At that time, it is controversial to put the right to withdraw into the civil law. Critics argue that the right of withdrawal undermines autonomy of the traditional civil law and Formal equality and the adherence to contract. But in the meanwhile, Legislators has begun to question the premise of equal status in traditional civil law. The social principles had also penetrated into the civil law. Besides, the application of the right to withdraw has been limited. The legitimacy of the right to withdraw the legislation has been guaranteed. The amendment of our "Consumer Protection Law" is an opportunity. Although there is no uniform civil code in China, but the withdrawal right system in the new Consumer Law is expected to be realized. From the view of the comparative law and legal migration, the development and practice of the right to withdraw in Germany could provide us with reference. China's economy is booming now. Reference the experience of other countries, We should give consumers the right to withdraw in these areas. And it is feasible to provide the right to withdraw in consumer protection law.For design of the system we can refer to the German experience. First, we must reshape the legislative principle of consumer protection laws,?and change the legislative model, so as to?ensure the legitimacy of the legal; Second, we must clear that the nature and purpose of the system is to defend the substantive equality between consumers and business operators, so as to maintain the true freedom of contract and the self-determination of citizens. Third, the concept of consumer contracts must be clear, accurately defined. Forth, the right to withdraw must be applied to specific types of consumer contracts. Fifth, we must carefully decide the scope of application after a detailed investigation. We should learn from the experience legislation of Germany and other nation, ensure the legitimacy of legislation of the right to withdraw. We should also based on China's basic national conditions, establish a suitable way of the civil action to resolve the consumer disputes. So that functions of the consumer legal including the right to withdraw can be finally realized.