Research On The System Of Consumers' Right Of Retention

With the development o f economy, as one o f the most active subjects o f the market, consumers’ vulnerable position has become increasingly obvious, for consumers " rights, many foreign countries had build legal systems, allowing consumers to conditional renege without having to bear the liability for breach o f contract. Now our country also updated the law. In March 15, 2014 the new " consumer protection law Mthe implementation o f the operator’s duty chapter in a twenty-second to twenty-fifth specified. When you buy goods by the network, telephone, TV and so on, consumers can be refund in seven days with no reason. From the beginning to the end, this system is determined through a long process, formally implemented in this yea^s 3.15, a special day. This is a great progress in the protection o f consumer rights. But in the beginning o f the implementation o f the new law, the system o f regret right can achieve the goal o f protection o f consumers’ rights, there are many things need more research in the practice use.This paper is divided into four parts. The first chapter is an overview o f relevant theory system o f regret right, mainly analyzes the regret right system research background and definition, and the difference between and other related concepts. Regret right system originated in the western developed capitalist countries, in the law can be understood as a concept o f consumer right o f unilateral termination o f the contract. By giving consumers the right to regret, consumers can through experience, understand the consumption o f goods within a certain time, then the exercise o f the right o f contract system contact.The second part mainly discusses the laws and regulations abroad, liker Britain and the United States, Germany. Different countries according to their own national conditions to regret right system o f law is not the same. Regret right system in our country apply also should according to the situation o f our country draw lessons from foreign practices and adapted to the domestic market economic development.Fhe third part is analysis section. From regret right system in our country’s legislative practice analysis is pointed out that the theme connotation o f is regret right system in China’s relevant policies and regulations can also be found in the p a st Then, regret right system into the law has important significance from the consumers and the market economy development level, consumer regret right system should stipulate the scope o f suitable and applicable standards. At the last, regret right system applicablescope and dispute settlement mechanism and related system is not perfect, so we should do more efforts to improve.The fourth part is the suggestion section. The main idea is devised into four aspects. The legislation; the judicial level; pay attention to other legal links at the same time; the public interest litigation and small trade litigation system; Also, in the development o f the future will gradually expand the scope o f application, especially in the big deals. In addition, self-discipline level in the administrative, industry and also to play the ability, improve consumer protection mechanism, is equally important.