The Construction Of Cooling-off Period On Protection Of The Rights And Interests Of Consumers In China

In China’s market, there have been remote sales, direct sales transaction, timeshare and other modern economic behavior of consumer credit contracts. For regulating the market economy under the conditions of these new business activities, our system should be set cooling-off period. Cooling system is defined in the contract for the sale of consumers and operators established, expressly provided for in the law within a certain period, the consumer may cancel the contract unilaterally and unconditionally, without having to assume any liability for breach. Set the cooling system should include the setting of the deadline, but should also include setting the cooling system is applicable to sales of the range of ways, such as online trading, home sales, etc., should also apply cooling of the system the type of goods. October25,2013, the newly revised Consumer Protection Act (hereinafter referred to as the "New Consumer Law") in the second session of the fifth meeting of the NPC Standing Committee voted through, the amended law increases, the operator uses Internet, television, telephone, mail order sales of goods, etc., consumers are entitled to receive the goods within seven days from the date of return, and without justification, but consumers custom, perishable, and online download or consumers demolition closure of audio-visual products, computer software and other digital products, delivery of newspapers, periodicals and other items according to the nature and recognized by consumers in the purchase of goods except not return.Cooling system is not the subjective intention of the next generation, and in the consumer’s Game Theory and sovereignty, the Cooling system has its solid economic foundation. The objective laws of economic development, especially in emerging generation trading system accelerates the cooling of the generation. At present, China is emerging more and more transactions, such as installment, online trading, TV shopping, telephone shopping, remote trading, home sales, consumer credit, credit card. The cooling system mainly applies to the emerging trading style.Cooling system is the inevitable product of social and economic development consumer protection is a lopsided legal system. The system gives the consumer within a certain time of the contract unilaterally and unconditionally the right of withdrawal, but also a high degree of socio-economic development of the inevitable result that includes fairness, integrity, justice, consciousness of modern society, laws, evolving societal needs and other formed by the interaction of factors. Cooling of the legal system with a strong economic law attributes of the system will tend to protect the interests of consumers, which can achieve the essence of the fair value method to promote fair and equitable society as a whole.Currently, many countries have provided a concrete conditions as the cooling system is applicable limitations period. Looking at the major national legislation, consumer protection law is one of the latest developments in the cooling phase system. China’s accession to WTO, countries in the world economy and the country has become increasingly closely linked with today, our country learn from its consumer protection policy is the trend dictates. This reference to foreign law, foreign cooled by understanding the specific content of the system settings, and cooling of the legislative model system to be exercised, the scope and the consequences for other aspects of cognition has been further cooling of the system itself but also conform to the state of the consumer protection requirements of the tilt. Therefore, the establishment in China of cooling system is an inevitable choice.