Study On Cooling-off Period System Of Network Consumption

Cooling-off period system is the right given by the law to the internet consumers to unilaterally terminate the contract within the period after consumers conclude consumption contracts with the operators. There is no need to state any reasons or undertake any responsibilities within the cooling-off period, and the generation of the cooling-off period system is the inevitable result of network market economy, giving network consumers the regret rights when purchasing merchandise or accepting service. Consumers may think deeply within a certain period after the consumers purchased merchandise. Because network consumers are vulnerable groups in trading compared with the operators, consumers do not get the overall information when purchasing merchandise, leading unrational consumption, which harms the interests of the consumers, so relevant laws are needed to balance the interests of both parties. Cooling-off period system first established in the United Kingdom, then other developed countries prescibed it. Until now, the cooling-off period system develops relatively complete and mature. In recent years, market economy of network consumption continues developing, consumers are shopping online more and more. New problems have emerged in the consumer market, relevant law on Internet consumption is relatively lacking in China, and legislation clearly lags behind the speed of development of Internet consumption, therefore to improve legislation is in great need. China’s newly revised Consumer’s Interest Protection Law prescibes seven days without reason return, which reflects the cooling-off period to some extent. The thesis compares mature legislation and practice experience abroad with the existing system of our country, after taking the existing conditions in China and the interests of all parties into account, the thesis brings perfection suggestions of cooling-off period system that suits China’s national conditions. This thesis discusses it from the five parts.The first part is to introduce the background, concept, and characteristics of cooling-off period system, and the right of withdrawal system of cooling-off period and cancellation right in the law of contract, termination of contract, as well as the similarities and differences of no result to return. Relevant legal theory of cooling-off period involves:the honesty-credit principle, justice principle, freedom contract principle and the value embodying standard of society. The second part is cooling-off period system legislative experience of typical countries like United Kingdom, the United States and Germany, and Taiwan legislative experience of a special sale of system of cooling off period.The third part is the application subject of the system of cooling off period, scope of application, the exercising period and starting time for unconditional right to terminate, the exercising way and costs of unconditional right to terminate, the legal consequences of the unconditional right to terminate, the exception to excesice cooling-off period system.The fourth part is relevant perfection suggestions of analyzing the provision of seven days without reason return prescibed in China’s newly revised Consumer’s Interest Protection Law, the solution of costs generated in the return process, the prefection of the credit system, and special protection of consumer rights, etc.