Study On The Legal Problems Of The Withdrawal Right About Consumers

With the rapid development of the market economy as well as the adoption and diffusionof new means of trade and payment, the trade on commodities is increasingly showing diverse,modern, and electronic characteristics. Thus, in our local market, it produces a large numberof network sales, television and telephone sales, mail-order sales, prepayments sales whichare representative on new transactions. Even though the emergence of these new ways isconvenient for our consumers, but it also brings the challenges to the legislation. From nowon, the current "Consumer Protection Law" has been implemented for more than ten years.Because of the legal hysteresis characteristics, the Act has appeared to be inadequate, whendealing with the new social problems. Therefore, in order to better adapt to the reality and toachieve the purpose of the legislation,"Consumer Protection Law" will usher in a majoroverhaul. To introduce the withdrawal right into the "Consumer Protection Law" is animportant part of the legislative changes. It has also a very important and practicalsignificance on adapting to the economic development, the improvement of legislation andthe need of reshaping the consumer market integrity and ethical system.Despite consumers’ right of withdrawal has an important value, but in our country, thetheoretical research on the right of withdrawal is still in the exploratory stage. At the sametime, it is also immature and unsound. Therefore, how to introduce the right of withdrawalinto the "Consumer Protection Law" and how to improve it has become an urgent andmaterial research subject. The paper is divided into five parts:The first section starts with the introduction. It introduces the background and thesignificance of the research, the status quo in the field of withdrawal right about consumers athome and abroad, the object, the methods and the purpose of the research. At last, thepersonal exploration is brought out.The second part discusses the general problem of the consumers’ right of withdrawal.Firstly, it introduces the concept, the characteristics and legal quality of the right ofwithdrawal about consumers. Secondly, based on the concept and characteristics of the rightof withdrawal, it discriminates the difference among the right to rescind in the contract, theright of return without reason and other similar concepts in detail. Finally, combining kinds ofthe theoretical researches, this part analyzes the legitimacy of the basis on the consumers’right of withdrawal.The third section explores the issues about the relevant provisions of foreign law on the right of withdrawal as well as the inspiration on the improvement of the right. In the firstplace, it introduces the foreign law on the right of withdrawal about consumers. In the secondplace, after conducting Comparative Law, foreign-related laws and regulations and the resultsachieved in the practice are analyzed and summarized. In the last place, through theintroduction and analysis as above, there is a conclusion: in order to improve the consumers’right of withdrawal, it is very necessary for china to learn some legislative experiences fromforeign country.The fourth part describes the legislative status quo on the consumers’ right of withdrawalin our country and makes some Comments. First of all, it is pointed out that, in our country,the right of withdrawal only exists in some administrative regulations and local laws andregulations. Then, under the premise of clear understanding on the status quo, this partanalyzes the legislation defects about the relevant laws and regulations. And the conclusion ismade as follows: legislative effect at a lower level, the limited scope; too harsh condition onapplying to the withdrawal rights; unsystematic operability.The fifth part is about the system to build on the withdrawal rights of consumers. This partis not only the focus of the paper, but also is the essence. Firstly, on the respect of the right ofwithdrawal constitutes build, it contains the Concrete manifestation, Scope, and exception forthe right of withdrawal of the main provisions. Secondly, on the respect of perform of theright of withdrawal, do some research on the obligation of the manager, the perform way ofthe right, the exercise period, the legal effect of the exercise of the rights and the obligation toinform operators. Finally, on the basis of fully consideration on the China’s basic nationalconditions, legislative status quo as well as the traditional concept, there introduces someother measures to improve the consumers’ right of withdrawal, so as to ensure the rights fullyrealize, and thus better protect the consumers’ legal rights.