On The Non-store Contract For The Sale Of Legal Regulation

Non-store retailing contract is the type of contract that operators conclude the contract with consumer through distributors and other medium providing commodity or services and consumers pay it out of the traditional fixed business location .There are many important differences between Non-store retailing contract and store retailing contract .Firstly, Non-store retailing contract makes out of the traditional fixed business location. So consumers have no fixed consume psychology and the marketing action is always abrupt, consumers conclude the contract blindly. Secondly, parties of non-store retailing contract have the state of information asymmetry heavily. Consumers acquire information only through network, telephone, television and so on .So it becomes harder to acquire information for consumer. Thirdly, choices are reduced for consumers in Non-store retailing contract and freedom of contracting is also limited.No other than particularity of concluding of Non-store retailing contract, the consumers are easier to be trespassed, so the consumers should be protected by special legislation. Compared to other countries who establish legislation system about Non-store retailing contract to protect the consumers, our country's lawmaking has lagged behind those. Exception researching one type of Non-store retailing contract–Direct selling, we pay little attention to the legislation of Non-store retailing contract–Direct selling, saying nothing of studying in term of contract law. So in my opinion, it's very important to start research it.By reviewing the legislation of other countries, I think there are three patterns of legislation: First type is common regulation mode, that is to say, existent law system regulates the Non-store retailing contract–Direct selling instead of special legislation. Second type is unwound single statute mode. Through separate legislation of different contracts including Direct Selling, Long-distance marketing, Media marketing contract achieve regulation of Non-store retailing contract. Third type is unified legislation mode, for example, Malaysia and Germany. In my opinion, we should choose the civil code pattern in term of not only logic, but also chance of moment of making civil law.Non-store retailing contract including many types such as Direct Selling...