An Empirical Study Of Consumers' Contracts With Significant Misunderstandings

With the continuous development of market economy, social division of labor increasingly refined, the technical content contained in the consumer goods that provided by the operator is also increasing. And consumers know very little about the product of the whole process of production, processing and packaging, lack of professional knowledge and experience’s ability to identify the quality of the products and related properties. With the corresponding, all the information in the product in the hands of the operator. Such, Forming a natural "technical barriers" between consumers and operators, Operators use its dominant position by means of the advanced media communications launched a powerful advertising campaign, there is a real sense of inequality of the status of the parties who make the consumer contract. The phenomenon of consumer rights and interests being violated is common occurance.On October 25,2013, the 12th session of the standing committee of the National People’s Congress the fifth meeting examined and approved 《About modifying the< consumer rights and interests protection law of the People’s Republic of China> the decision》, The consumer protection act implement since March 15,2014, The new consumer protection act has an important system innovation that is the rules of the consumers’right to withdraw. The rules published attracts people’s vision to the consumer contract that happens every day. Consumer contract cancellation right that happened due to the serious misunderstanding and involving a important rights and obligations of the parties. Our country law was not clearly defined how to exercise the right and the boundaries of exercising the right. Leading to the court hear such cases of different sentence in the same cases. Further affecting the credibility of the court and the authority of law. The author attempts to take a case as the breakthrough point,that was consumer contract cancellation right because of the serious misunderstanding happened in shandong province in 2012. Analyzing the reason of court decisions, combining with the different scholars and legal workers opinion, concluding the focus of dispute in this case, that is understanding of serious misunderstanding and applicable conditions of exercise of contract cancellation right in the case. Through the analysis of the two controversial focus, namely how to decide contract serious misunderstanding and how to exercise the right of revocation of the contract in the consumer. Reflecting on the court’s decision, by comparing the existing consumer contract protection legal system in China and abroad consumer contract protection, try to establish a single consumer contract law, To achieve protect consumer in a relatively weak position in all directions.