| With the development of economic, a new type of consumer rights which grows in trade practice is also gradually expanding the horizons of legal recognition. Consumption of cooling-off period System is one of products in the emerging modern society; the system gives the unconditional rights of withdrawing the contract to the consumers within a certain period. As a tilt of the legal system of consumer rights protection, cooling-off period bases on the game theory and consumer sovereignty, this system is the necessity of developing market economy, this system of cooling-off period is produced by the combination of equality, honesty spirit of law and evolving social reality requirements. And the cooling-off period which has a strong cooling properties of the interests in the legal system will tend to the consumer rights protection, and the value of real justice to the law, to achieve the overall interests of society to an ultimate extent.From the perspective of international legislation, the cooling-off period has become one of the latest outcomes of protection of consumer rights at present, the overwhelming majority of countries have passed national legislation and established the system. Cooling-off period system is mainly for the certain specific consumption areas, such as TV sales, telephone sales, online shopping and other remote transactions and direct (door sales), hire purchase, consumer credit contracts. At the same time, many countries and regions have a certain frame boundary conditions as applicable restrictions. In this paper, taking the legal regulations of foreign and international organizations as a reference, through the understanding of the specific content of the nations and international organizations to set the cooling-off period, and to know its legislative mode and the cooling-off period system of the scope of the exercise methods and consequences furtherly. Cooling-off period meets the needs of economic development and the requirements of special protection of consumers, it is necessary that the system is established in our country. This paper has learned from legislative experience on the basis of foreign countries and international organizations, combined with China's practice, as for the cooling-off period system for the sales practices of the scope, duration of cooling-off period setting, and the exercise of the right to withdraw the legal consequences of the prohibition of abuse of rights, and title rights and legislation and other aspects, this paper proposes to build the the legal system of cooling-off period in Chine. |
