A Study On The System Of Cooling-Off Period In Consuer Protection Law

The system of cooling-off period which is stipulated in consumer protection law confers cancellation right to consumers in the specific trading forms, such as door-to-door sales, distance sales, consumer credit sales and time-share products and so on. This system has made it possible for consumers to have a second choice in a reasonable way after the conclusion of consumer contracts. Consequently, the consumer's rights and interests can be protected more efficiently. Currently, the system has been mature in foreign countries. However, our nation's system has not been established yet. Through the analysis the advantages and disadvantages of provisions of cooling-off period in foreign countries, the thesis seeks to find a reasonable model for the amending of our nation's legislation.This thesis can be divided into three chapters. After the analysis of legal characteristics, the first chapter has mainly analyzed the intrinsic theoretic basis of the system. In economic theory, the theory of consumers sovereign and information asymmetry can well illustrate the system. In legal theory, the goal of modern laws has changed from the principle of freedom of contract to substantially justice. The cooling-off period system is a response and evidence to the transition process.The second chapter concentrates on the comparison and analysis of the cooling-off provisions in different countries. Through analysis, the thesis has found that all countries have fully recognized the importance of the system. The core of the system lies in the cancellation right conferred by statues, however, this right has a tremendous impact on the orders of transactions. Consequently, foreign statues have added restrictions in the aspects of duration, the applicable scope of the right, the procedures to exercise right and so on, in order to achieve the balance the protection of consumer's rights and safety of transaction.The third chapter has analyzed the importance of the establishing the cooling-off period system in our statues and regulations. The reasons can be summarized as follows: the current rules and systems in civil and economic law cannot provide sufficient protection for consumers. In addition, while the e-commerce is developing rapidly, the protection for consumers is even less than that of traditional trade forms. In order to provide better protection for consumers, the system of cooling-off period should be added to provisions of consumer protection law. Meanwhile, the legislators should make some restrictions to prevent consumers from abusing the rights in accordance with our nation's reality. Then, the thesis seeks to provide legislative suggestions: firstly, the system should be added in the consumer protection law; secondly, the legislators should also take actions to response to the development of e-commerce and consumer credit consumption. That is to say, the cooling-off rules should also be made in respective areas such as e-commerce and consumer credit consumption.In a word, after the establishment of the cooling-off period system, our consumers can truly enjoy the process of consumption in a safe, free and reasonable atmosphere.