Research On The System Of Consumers' Right Of Retention

Regret right system of consumer is an important legal system in the legal system of protection the rights and benefits of consumer,which give consumer one-sided right of cancel in the form of special trading,consumer can rational select again after conclude consume contract to implement the inclined to protection the rights and benefits of consumer.The regret right of consumer in developed foreign country has become a more mature and perfect system today,but its still in the way of groping in China.Along with the rapid development of market economy in our country, the trading behavior of consumption has become more complex,the rights and benefits of consumer become more vulnerable to violate,especially in the field of remote trading, installment, credit consumption,it is reflect more obvious.How can make regret right system of consumer give play to its own function and implement a inclined to the protection of consumer is a difficult problem in front of our legislators.In this paper,after through the analyzed to foreign legislative achievements of regret right system and comparison to China, to give my own suggestion in order to protect the regret right of consumer more better.The regret right system of consumer as the main research contents in this paper,which composed four parts. The first part mainly expounds the basic theory of regret right system of consumer.Based on the analysis of the concept of the system, the historical development and the difference between similar rights, mainly focus on discusses the legitimacy basis of the regret right system of consumer:from the theory of law,its achieve the return the form of justice to essence justice;from the economics theory, its an inevitable choice under the consumer sovereignty and the information asymmetric theory.The second part analyzed the problem of regret right system of consumer in our country.This paper mainly analyzed the insufficient from the aspects of legislation and rights protection mechanism in China.Regret right system legislation started late in China, not only there is a large gap compared with foreign legislation, but the traditional right relief mechanism cannot adapt to the need of modern trade.So,we should perfect the legislation and also set up a corresponding safeguard mechanism of right at the same time, in order to ensure the system of regret right smooth implement in our country.The third part is the enlightenment to us from foreign country.Regret right system of consumer has been developed more perfect now, but its proposed initially have been questioned and criticism to juries prudential circle, the twists and turns development history is worth to study, we need to learn about how to complete the theory and the practical experience.This part will focus on the scope of application, exercise rules, prohibit abuse of rights and other aspects of foreign excellent legislative achievements, find the experience of enlightenment in China.The fourth part is the most important part of this article,which is the regret right system of consumer perfect suggestion.All of the new things need to be a process of groping, there is no exception to regret right system. From the point of legislation, because of the scope of regret right system in our country is too narrow,law regulations easy cause ambiguity problem,complete the legislation should be combined with the actual in each trading field.From the point of rights safeguard mechanism, we need to establish new trading rights enforcement supervision mechanism and innovation the field of relief way.