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Consumers Withdraw Right System Research

Posted on:2012-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166330335968355Subject:Law
Abstract/Summary:PDF Full Text Request
China from a planned economy to a market transformation of the economy development of diverse forms of ownership, the economic structure also will change a lot, lack of goods to a wide variety of goods. Compared with the previous consumers have more options, so consumers pay more attention to the quality of goods. With the development of China;s market economy, new consumer issues has become increasingly prominent, the market economy initiative and interest makes the operator guide the blind pursuit of profit and lower their quality requirements for goods, serious damage to the consumer interests. With advances in technology, home sales, remote trading, hire purchase, consumer credit, such as consumption has been particularly evident. The traditional remedy deficiencies in the system, can not better protect the interests of consumers. Throughout the developed countries, legislative experience and practice shows that consumers withdraw the right system is a consumer safeguard their own interests is an important consumer right, the system reflects the civil law of equality, voluntariness, fairness, honesty and credibility, the basic principles of public order and good morals also conforms to international trends is an inherent requirement of China;s economic development.To the systemitself,specifically for consumers, quot;tailoredquot; to protect consumer interests are not infringed a right system, the design of the system was biased in favor of consumers in line with the quot;law quot; purposes. Consumers the right to withdraw the development of modern market economy, the inevitable result. No one of its basic characteristics due to return, no return is the result of operator commitment, consumers pay the price of gold made goods after a certain period of time can be unconditional return, operators will be refunded the purchase price. And give consumers the right to withdraw the benefits of the withdrawal as soon as possible so that consumers statutory rights. This article is based on the above background and the characteristics of consumers were to withdraw some of the right.This three part system for consumers to withdraw the right depth. The first part is a consumer right to withdraw the theoretical basis of the system. The right to withdraw from the consumer is characterized by broad concept of combining the theoretical analysis of the necessity of its existence. The second part of the consumer right to withdraw the system Comparative Law, through the analysis of foreign legislative requirements of the system and its achievements in the practice, introduced the legislation of the right of withdrawal, combined with the legislative experiences of the country abroad, should learn from foreign legislation. The third part of the consumer to withdraw the right to build the system, first, the right to withdraw the contents of system design, scope, application deadline, except for the provisions of the abuse of the right of revocation of the right to withdraw the legal consequences of the system, then the system operator shall perform the obligations to inform consumers and other aspects of the concept and design of the system.
Keywords/Search Tags:consumers, withdraw right, legitimacy, Legal consequences, Right to withdraw
PDF Full Text Request
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