The Improvement Of The Consumer’s Revocation System

The right of consumers’revocation refers to the consumer can rethink and remove the sales contract without any conditions in certain time. The establishment of this system offers consumers a chance to reconsider his behavior, embodies the protection of consumers’right. Meanwhile, the system conforms to the trend of modern legislation, reduces the pressure of the court and the arbitration organization, and makes consumers dare to consume without any trouble. With the rapid development of society and economy, this system has been set up and gradually consummate.Our country has issued a new revision of the "consumer protection law" on March15,2014. The newly revised version breaches the principle which adheres to the contract, makes the contract parties realize the equal status in the true sense, carries out the essence of real freedom of contract principle. However, the new revision of the law is not perfect enough for consumers in revocation regulations, there exist issues such as the object is not comprehensive, the goods which can’t be returned is not clear, the obligation of sellers’information is not evident and the costs of returned subject problem, etc.Based on the evolution of the consumers’withdrawal right and related research, this paper holds the factors restrict the motivation of legislation can be concluded as follows:scenario monopoly, irrational behavior, information asymmetry. These issues can be evident in some specific types of transactions such as remote online shopping, TV shopping or home selling and so on. To avoid issues such as information asymmetry, the seller offers the consumer some time to consider whether the contract is worth made or not, only in this way can profit both. In this case, the right of consumers’withdrawal right arises. According to above, we can make the following inferences:in the first place, the consumer is a non-rational person in scenario monopoly; he can’t make objective decision; secondly, the consumer possesses a disadvantage position in the contract; compared with the seller, the consumer can’t fully grasp the enough information even under pressure in contract; last but not the least, when consumers withdraw the contract, the contract appears to be justice, but often fails to do substantial justice. These three points interact with each other. Based on above, the real justice of the contract, the theory of consumer sovereignty and legal paternalism can fully demonstrate consumer withdrawal rights system. Meanwhile, cost-benefit analysis of the system can also support the rationality of the system. On one hand, through cost-benefit analysis, we can conclude, to enable consumers make better decision, we ought to know how to protect consumers; on the other hand, through rational system, we can minimize the negative effects.In this paper, through the economic analysis on consumers’ withdrawal rights system, we prove the cost which consumer to carry on withdrawal rights can be controlled well, even if it may cause some negative effects. However, this does not affect the existence and the application of the system. And with the social and economic development, the system of without reason return is applied more widely, which reflects the operators can afford the additional costs which generated by the consumer return the goods.This paper exemplifies the typical consumer legislation of the withdrawal right. The German Civil Code has established a relatively complete system of consumer withdrawal right; the united States have also established the cooling-off period in the last century; the Unite kingdom consumer can cancel the contract by exercising the right to withdraw their intention to buy the goods. Legislation on consumer experience of these countries to withdraw the right has a positive effect on the improvement of our consumer withdrawal systems.In the application of the consumers’withdrawal right, we put forward corresponding opinions:the object is not comprehensive, the product which can’t be returned is not clear, the obligation of seller is not in place, the costs of returned subject problem, and the standard of returned goods is not specific.To deal with the problems faced with the application of consumers’ withdrawal right, this paper put forward corresponding measures: expanding the scope of the object, limiting the value of commodity and the obligation of qualified operators, delimiting the way of performing power, and the rights of legal effect, forbidding the abuse of power, defining the proof burden of operators, etc.