On The Consumer's Rights For Revocation In Germany

The Consumer's Rights for Revocation in Germany is the most compelling part in the consumer protection system.It play a improtant role and can not be replaced, and produces a wide range of international influence, setting off the consumer protection revolution in civil law system.China's "Consumer Protection Law" amendments are under way.According to the published draft, this amendment will introduce the Consumer's Rights for Revocation.At persent,reserching on the Consumer's Rights for Revocation in Germany is undoubtedly beneficial to this amendent.This paper attempts to make comprehensive use of historical analysis, comparative analysis, logical analysis and deduction of combining theory and practice to reaserch the Consumer's Rights for Revocation in Germany. On this basis,this paper discuss the significance of this system to the China's "Consumer Protection Law" amendments.This paper is composed of the following five parts:The first part is an overview of the Consumer's Rights for Revocation in Germany.This part introduces the concept and characteristics of this system,and sort out the history.In additont,author discuss the legal nature of this system from the traditional civil law and consumer protection law perspective.In the author's opinion, the Consumer's Rights for Revocation is a special withdrawal rights of consumers, but also an independent consumer rights.The second part introduces the structure of this system.In this part author systematicly describes the strcutre.The strcutre includes four parts: Scope of application, the right to exercise, scheduled period, the legal effect.The third part introduce the breakthrough in tradtional civil law of the Consumer's Rights for Revocation.In the author's opinion, the Consumer's Rights for Revocation has a unique theoretical value,because it comes from civil laws and breaks civil law.Accordding this paper the breakthrough of this system consist of three parts:the breakthrough of the principle of equality in terms of the subject of rights; the breakthrough of the principle of contract freedom in terms of right's capabilities; the breakthrough of the principle of strictly contract perfromance in terms of legal effect.The fourth part focuss on the legitimate basis to the Consumer's Rights for Revocation.In this part author attempt to use multi-disciplinary research methods researchs legitimate basis. It is a multi-angle theoretical argument on theoretical innovation of this system.This part is the continuation and sublimation of the third part. This paper argues that the Consumer's Rights for Revocation has a solid foundation underlying philosophy and economics and sociology.From a philosophical perspective, the Consumer's Rights for Revocation is the result of substantive justice Boom; From an economic perspective, the Consumer's Rights for Revocation is the exemplification of consumer sovereignty in law which formed by the game of the interests of consumers and business operators; From a sociological perspective, the Consumer's Rights for Revocation originated from consumer society, and it is the protection the consumer society.The fifth part focuses on the the significance of this system to the China's "Consumer Protection Law" amendments. This part mainly based on our consumer protection practice, try to discuss the necessity, feasibility and specific legislative proposals of the Consumer's Rights for Revocation in China. This paper argues that consumer protection in China is not good, the relevant legal system is lagging behind, drawing a great need for the Consumer's Rights for Revocation in Germany.In addition our civil law and consumers law doctrine has a more mature, in some areas governments have been enact the Bill, operators have been spontaneous carried out the related practice. Therefore, wu have a good founditon of theory and practice for the introuduction. Finally, on basis of the demonstration of the necessary and feasible, author make a proposal to improve our country's consumer protection system.