Research On The Right Of Withdrawal In Consumer Contraction

Due to the consumption structure, consumption idea and the trade mode have undergonemajor changes, especially through the Internet,television, telephone, mail order sales ofcommodities or providing services transaction type gradually on the rise, resulting in the gapof the traditional consumer contract parties in such aspects as knowledge, information,economic strength and other aspects has become increasingly apparent, and these differenceswill detract from the consumer’s ability to make rational consumption choices, whicheventually make consumers regret to have made either consumption decisions or consumerbehavior. What’s more, when the business side use advanced ways of trading, tempting andunfair marketing methods or complicated professional knowledge advantages to make theconsumer signed the consumer contract, the status of consumers and the business operator inthe process of contract are seemingly equal, but in essence, they are not equal, consumer’sintention is also not free in the process of contract, leading to the legitimate rights andinterests of consumers are at the risk of damage, and after the event, consumers can’t find thelegal basis and the relevant evidence to protect the legitimate rights and interests that in facthave been damaged.The right of withdrawal is an important right that given by law directly to consumers, thepurpose of the legislation is to correct the essence of the unequal status between consumersand business operators, protecting the consumers’ meaning of freedom. In2013, China revisedthe "Consumer Protection Law", it makes that consumers have the legal right of withdrawal,so they can return goods to the business operator without specifying the reasons in thenetwork, television, telephone, mail order business case in seven days. Therefore, the right ofwithdrawal in China has risen as a statutory right, it has become an important legal system toprotect the legitimate rights and interests of consumers. This paper is discussing this right indetail.The first part is about to define right of withdrawal in consumer contraction. This partintroduce the concept of consumer contraction, elaborates on the concept and nature ofconsumers’ right of withdrawal and compare the difference between right of withdrawal andthe right to revoke the contract that is very similar to right of withdrawal, in order to further toclarify the meaning of right of withdrawal and lay a good foundation for the later discussion. The second part analyses the legitimacy foundation of right of withdrawal in consumercontraction. The right to withdraw means that the consumers have the right to unilaterallyterminate the consumer contraction. Because right of withdrawal break the principle ofcontract performance strictly and principle of freedom of contract, it must be justified.Protecting the consumers’ real meaning of freedom, the pursuit of essential justice of contractand balance the interests between consumers and business operators are its importantfoundation.The third part investigates right of withdrawal in consumer contraction through themethod of comparative analysis. Right of withdrawal firstly originated in the United Kingdomby cooling off period terms and it is becoming virtue time by time. Then, the consumers’ rightof withdrawal rules in Germany scattered in all kinds of special single law and regulations atthe beginning, but in2002, after the reform and modernization of the debt law, the majority ofsingle law has been absorbed in German Civil Code. European Union issued variousinstructions in which the law give the consumers right of withdrawal, and in an effort to seekunity of right of withdrawal rules. Although the specific provisions of right of withdrawalhave different characteristics in these countries, generally speaking, right of withdrawal is inthe evolution and development, and shows some common trends.The fourth part focuses on specific rules of provisions of right of withdrawal from theviewpoint of explanation in China’s "Consumer Protection Law", this part mainly interpretand analysis the meaning of right of withdrawal, the scope of application, applicationconditions and legal consequences.The conclusion shows that consumers’ right of withdrawal, as a kind of exotic, itslegislation in our country is once again a try on the transport. In the future, we should drawlessons from foreign practices, and gradually improve the specific provisions of right ofwithdrawal, in order to promote the formation of consumers’ rights and interests’ protectionsystem in China and improve the level of protection of consumers’ rights and interests.