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Researching On The Right To Regret Of Consumer

Posted on:2012-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:X F XuFull Text:PDF
GTID:2166330335988192Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This article shall be divided up into four parts.Part A: The concept and the development process of the right to regret.This part begins with the general concept of the right to regret. And then it introduces the development process. The right system comes from the promise that consumers can regret and return the goods with no excuse. With the development of the market competition, the business promise evolved to be an item of consumers'legal right. It is used to adjust the balance between the consumer and the operator .In this part we also analyze the theory bases. In the end of this part, I make a contrast with the right to regret and the related concepts to help to understand the concept of the right.Part B: Compare of the Chinese and foreign legislature.The power system of consumer regretted is imperfect in china. In our law, we don't have a explicit concept of the right just like the cooling period in America. But in some domain as well as legislation of some provinces, we have the similar concept. Compare it with the west countries'legislation, we can find out many questions, such as the limited standard, the applicable scope ,the deadline of the right ,the legal responsibility and so on. In Chinese legislature, these questions make the right system hard to be used in daily life. Research on these questions provides enough reference for the following suggestions.Part C: Discuss the necessity and feasible condition for consummation of our regret system.This part mainly analyzes the necessity and feasibility of the right in the traditional and newly developing market. I find that we all accept to apply the power of regret in modern market, but in traditional market particularly in the real estate market, the idea can not be the same.The third part analyze the feasibility as well as the necessity of the regret power with these theory mentioned in the front page. And through these analyzes, I wish we can see the influence of the right system, and then our opinion could be unification.Part D: suggestions about the consummation of the right.This part mainly talks about two questions. One is about the legislation structure's consummation. We need to establish the lowest protection standard ,and also the onus probandi inversion. The other question is about the limit of the right ,operators'duty ,the deadline of the right and so on.We all know that the power cannot not abuse. That is not fair to these operators. So, controls the scope which the right exercises and at the same time makes sure the operators prompt the duty to coordinates the consumer to exercise the regret right .
Keywords/Search Tags:Right to regret, Balance of status, limited right
PDF Full Text Request
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