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Study On The Right To Withdraw

Posted on:2013-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2246330377954288Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s China, development of the market economy is quite rapid, comparison of the previous, presents a new and different way of consumption and economic activities, early introduction of the consumer protection act in some ways is not keeping pace with, cannot adapt to the needs of the modern consumer, disadvantages, such as protection of the legitimate rights and interests of consumers cannot be very good. Throughout human history, social development today, must have the support of the era and comply with the law, to continuously promote the socio-economic development. National People’s Congress Standing Committee decided in October2008to modify the elimination method and its national legislative plan in the next5years. The Standing Committee made it clear that, in this amendment, joined regret right system in foreign countries, so as to establish a right to regret system with Chinese characteristics will be the focal point of the revision, and Professor Liu junhai cancellation method to modify the instructions pointed out that its probably changes direction and development. He is expected to has in which consumption activities in the established the system, main including three class:first is network shopping, because network shopping nature comparison special, as Taobao, often purchase who in received goods Hou found its goods and network Shang of description does not consistent, exists larger errors; second is advances and made contract of sale, causes is this sale consumer will played more high of risk; last class is bulk of trading and purchase, as car, and housing, consumption, reason is this class bulk trading. Giant high economic burden and the risk of falls in consumption, and so will give the consumer the right time to consider.And abroad compared to the development of the system of the right to regret. regret right system in China is only just getting started. Home and there’s no book of regret over foreign system detailed explanation, is the tip of the iceberg. Some Conference also mentioned the system in China is able to root development, rapid development can better serve the modern consumer behavior. Is occasionally seen in some of the more academic research in the papers and journal articles and ideas. I have read this information and found most of the dispute is the focus of this legitimacy of the system, application, and the legal consequences, such as how to build. Reality is that Western countries, particularly Germany. United States and other countries represented,"regretting right" development of early maturing, leavened dough has many achievements in legislation in effect,"regretting right" end of the day is to give consumers protect themselves, right after the signing of the contract in unilateral right to rescind the contract within a specified time. Have established "regret it right" in the country, practice has proved the system have everything to gain and nothing to lose, not only the consumer’s legal rights are well protected, and promote the healthy development of the market, also inhibiting unscrupulous merchants deceive the consumer’s behavior.This article from the right to regret the origins and development of the system, analysis of the practice of national and regional legislation concerned the importance of consumer regret it right there, feasibility and necessity of argumentation in amending the law on the protection of consumers’interests in establishing a system of consumer right to regret the necessary and applicable, the exercise of the right to regret as well as legal consequences for preliminary construction ideas.
Keywords/Search Tags:the right to withdraw consumer contract consumer protectionlaw
PDF Full Text Request
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