Research On The Right Of Consumer About Unconditionally Return Merchandise In Sales

In recent years, the right of consumer about unconditionally return merchandise is a social hot issue. The right of consumer about unconditionally return merchandise means that the consumers can unconditionally terminate the sale contract and return the merchandise the in a certain period after the signing of the contract, in the live under the premise of liability for breach of the right. The natural weakness of the Consumers led to the special protection. The unconditional return system is a public legal system to protect the interests of consumers, but also manifested philosophy to corporate social responsibility in a positive way. The unconditional right of return should be increased to the statutory rights of consumers, which is an important right to protect consumers' rights. The establishment of an unconditional return system must be an inevitable trend in China. This article is divided into four parts, first part begins with a brief introduction on the basis of establishment about unconditional return right in China. The unconditional return right is a time produce, due to the emergence of new consumption patterns and consumers' fast-paced buying habits, more and more impulse buying appears outside the high-pressure sales. Consumers in impulse buying are extreme weakness, the behavior and the consciousness are out of line, and consumer spending is not free in fact. Through the analysis about the legal nature of the unconditional right to return, and combined with various local legislation, the attempt practice in the real world , as well as a summary of foreign legislation based on the unconditional return system, acknowledged the necessity of the establishment in China, while the negative effects of the system is controllable. The second part sun up the scope of application of the unconditional return system, taking into account the motivation of consumers buying behavior, the occurrence of impulse buying area ,returns cost-sharing, transaction information symmetry, as well as the operability of the unconditional return and other relevant factors, point out that in the direct marketing, direct business marketing (mail order, telephone, TV shopping) and the online shopping should be used to unconditionally return system. The third part is about the preliminary design of the exercise elements of the right and detailing the consequences of the exercise of rights. The final part discusses the identification of malicious return. In the beginning, this system was mainly to protect the interests of consumers, so the negative effects of abuse of rights does not make detailed provisions. However, taking into account the social reality in the case, how to identify abuse of right and made to punish and control is also necessary to be consider.The unconditional right to return of consumer is a new proposition, so there are many issues worthy of in-depth analysis. Most of the current studies are empirical analysis, mainly due to the flexibility of consumer behavior and the uncertainty of market development, the research results are lack of abstract theory. At the same time, there is still a great study space on how to determine and control the abuse of right.