The Research On Consumer’s Rights Of Revocation

Consumers’right of revocation refers to the right to unilateral right of termination enjoyed by them in the legal term after contracts are signed in terms of specific transactions. Besides, they do not need to illustrate any reason or assume any liability and rights and obligations of both parties of transactions should be restored to the state before contracts are signed. Consumer’s right of revocation is an outcome of social economic development to a certain extent, and it plays a significant role in protecting consumer’s right and interest in modern society, indicating the essential equality and justice of civil law. With the rapid development of economy, the unequal status between consumers and market operators has been gradually revealed.Appearance of new transaction forms and types have led to transformation of consumption patterns and have caused a great shock to the pattern in which interests of both parties of transactions protected by the Consumer Protection Law are relatively well-balanced. It leads to the unbalance of interest between consumers and market operators, therefore accentuated the weak status of consumers. As a mandatory legal code, consumer’s rights of revocation will apply inclined protection towards the consumer rights with the regulation and intervention of state force.The system of consumers’right of revocation has been carried out in China for more than a year. It mainly targets on consumers’consuming behaviors in forms of non-traditional sales and allows consumers in forms of non-traditional sales enjoy the right of revocation.We found multiple flaws in detailed legal code due to immature development of the law of consumer’s right of revocation. Through the implementation of this law, many problems have emerged. The rationality of the law of consumer’s right of revocation directly affects the integrity of consumer right protection system, and then influence the protection of consumer right. In this article, we analyzed the historical evolution, essential content and characters of the law of consumer’s right of revocation, then demonstrated the rationality of consumer’s right of revocation through the theory of economics and law. Lastly, through the study of consumer’s right of revocation law in developed countries, combined with the legal implementation of consumer’s right of revocation in China, we stated the existing problems in China’s current law of consumer’s right of revocation, and proposed suggestion on the legislation of the law of consumer’s right in China based on the state of the country and mature experience of legislation in developed countries.