The Improvement Of The Consumer Cooling-off Period System In China

《Law of the People’s Republic of China on Protection of Consumer Rights and Interests》 revised in 2013 Article 25 provides for seven days no reason to return the system, also known as the consumer cooling-off period system. Because of the indistinct of regulation such as the scope of applications and conditions are unclear, and the lack of supporting legal system, implementation faces many puzzles. For safeguarding the legitimate rights and interests of consumers, promoting the orderly conduct transactions as well as the healthy development of society and economy, strengthening the study on the legal issues related to the system has important theoretical and practical significance.In the scope of the consumer cooling-off period system, the developed countries covered by direct selling, remote trading, consumer credit, timeshare and other special areas. In accordance with the provisions of the current law in China, the consumer cooling off period system applies only to remote trading in networking, television, telephone and mail. Not only the operation procedure should be standardized, the applicable scope also needs further expansion. In the field of remote trading, the definition of fallback provision and except goods in the cooling-off period needs further clarity.In the conditions of the consumer cooling-off period system, developed countries usually combine the violation of the obligation to inform to cooling-off period starting point and the length of the extension to better realize the combination of principle and flexibility. Our country should strengthen the operator’s obligation to inform.The "return goods in good condition" should be understood as the product itself intact. We should distinguish between different trading methods and fields to determine the beginning and the connotation of the cooling off period. For example, the cooling-off period starting point should be understood as "the next day of receipt of goods", the "seven days" as working days, in order to make interpretation in favor of the consumer.The legal effect of cooling-off period is similar to the rescission right of contract in developed countries. Our country should distinguish between normal loss and damage or loss to take a different approach. For the return fee, the first way is the principle of "autonomy of will"; If the advertising inconsistent with the physical, is borne by the operators; If the consumer preferences based on their own, borne by the consumer is more appropriate.In order to regulate consumers cooling-off period’s actual operating and play its due role, in addition to the establishment of the system on the legal level, the relevant support mechanisms are more important to build. Therefore, the establishment of credit evaluation system for two-way real name, strengthening the regulatory functions of the relevant departments, further developing the role of consumer organizations, strengthening self-discipline, strengthening the responsibility of the network platform and setting the pre-arbitration procedures, these measures will help consumers calm period institution in effective operation in China.