Research On Consumer’s Right Of Withdrawal

With social and economic development， division of labor in societyprofessionally，the difference in the balance of power between traders and consumershave been expanded. Especially in the door-to-door sales，network transaction,consumers can’t express with freedom and their benefits are damaged seriously.Consumer’s right of withdrawal emerged and developed under the background. Inorder to solve the problem, consumer’s right of withdrawal has been found in manyforeign countries. The consumer’s right of withdrawal gives consumers who buygoods through certain means of business the right to turn back the goods after certainperiod.Law of the People’s Republic of China on Protection of Consumer Rights andInterests has been implemented for more than20years since1993.With changes inthe structure of consumption and patterns of consumption, the law has been unable toadapt to the development of modern society. There is a large gap on the level ofconsumer protection between China and foreign countries. Although consumers’ rightof withdrawal has been involved in some local regulations, the effectiveness is on thelow rank. In practice, consumers’ right of withdrawal is just the business promise,rather than consumers’ legal right. For these reasons, the law has been revised since2009and decision on amending the Law of the People’s Republic of China on theProtection of Consumer Rights and Interests has been approved. The law has beeneffective on March15,2014. It is a major breakthrough that consumer’s right ofwithdrawal is established in the law.It is the first important thing to consider theoretical basis of the new right whichwill be found in the existing legal system. The legitimacy of consumer’s right ofwithdrawal is the key point whether consumer’s right of withdrawal can be set up andit also relates to the construction of the system. In some new transaction modes, thepremise of the freedom of contract—the absolute equality and the free market can’tbe found. The purpose of establishing consumer’s right of withdrawal is to correct the inequality between the traders and consumers. Under consumer’s right of withdrawal,consumers have right to turn back the goods they buy without any reasons throughcertain means in certain period. It indicates actual freedom and actual justice. Theestablishment of the right conforms to international trends about protecting consumer.It has many advantages to promote social economy.It is the first time consumer’s right of withdrawal is involved in the consumerprotection law of China. So it is necessary to confirm the condition of the right ofwithdrawal, including the scope of the right, the withdrawal period, the obligation ofnotice and the legal consequences of the exercise of the right. Especially in the scopeof application, exercising mode and starting point of withdrawal period, theprovisions of Consumer Protection Law on consumer’s withdrawal right areunreasonable.There are several opinions about the nature of consumer’s right of withdrawal,including cancellation right of contract and termination right of contract. In thisregard, it is necessary to distinguish consumer’s right of withdrawal from othersimilar rights in order to avoid confusion. After comparative analysis of these similarrights, it is obvious that consumer’s right of withdrawal is a unique right unlike othersimilar existing rights. It is necessary to protect consumer in modern society.