A Research On The Consumer’s Right Of Withdrawal In Chinese Law

In2013the Standing Committee of the National People’s Congress passed an amendment to the P.R.C. Law on the Protection of Consumer Rights and Interests (the "Amendment").Article25of the Amendment stipulates that goods may be returned within seven days from the date of receipt of the goods without requiring the specifying of a reason, when consumers buy goods by Internet, television, telephone or mail order. Since then consumers in China also have the right of withdrawal. Meanwhile some questions are raised. For example, how to identify products that are not suitable to return according to its commodity nature, how to understand "in good condition". In developed counties, the right of withdrawal has been taken as an independent consumer right for a long time. The European Union has enacted eight directives on consumer’s right of withdrawal, introducing the right of withdrawal into off-premises transactions, distance transactions, consumer credit transactions, timeshare transactions, life insurance contracts and other areas, and constructed a relatively perfect system. The Directive on Consumer Rights(2011/83/EC) regulates the right of withdrawal in off-premises transactions and distance transactions in detail, including the scope of the right of withdrawal, the withdrawal period, the obligation of notice and the legal consequences of the exercise of the right. To improving protection of consumer’s rights and interests, judicial interpretation should be enforced to match with the consumer law. Catalogue of goods that are not suitable to return and standards of "in good condition" should be given. The trader’s obligation to inform should be emphasized. At the same time, measures should be taken to protect Consumer’s right of withdrawal.