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Improve The Legislation Of Calm Period Institution Of Consumer Protection Law In China

Posted on:2016-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:H H GaoFull Text:PDF
GTID:2296330470452570Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Market economy is increasingly booming, and more marketing ways appear in ourdaily life. The emergence of remote trading and door-to-door trading brings a lot ofconvenience for consumers. However, there are also some problems. The newmarketing approaches differ from traditional transactions in many aspects. For example,the unique features of remote transaction leads to the fact that consumers cannot checkthe quality of goods by themselves, which makes it difficult for them to decide whetherthey should buy them or not. Similarly, as for door-to-door transactions, the operatorsoften appear suddenly at home or in the workplace. It makes consumers sign thecontract directly without fully understanding the products, laying a foundation for thedisputes in the future.Through the comparative analysis of the market status and ability of obtaininginformation of operators and consumers, the former are significantly better than thelatter. Thus, all the countries protect the interests of consumers through legislation inorder to achieve justice and stable development of market economy. In China, thecooling-off period system has appeared when the country adapts itself to marketdevelopment. This system empowers the consumers to cancel the contract unreasonablywithin the statutory period of receipt and supports the market exit mechanism ofconsumers.In October2013, the new Law on the Protection of Consumers’ Rights andInterests was released, and it stipulates the cooling-off period system as a hot topicamong the scholars before in the25articles. In addition, other provisions also reveal theintent of protection of consumers, which marks the progress in China. However, we willfind that many details are not mentioned after reading the25articles carefully.Therefore, people in different positions will understand them in different ways, whichwill hinder the process of practical operation. Therefore, this is the purpose andsignificance of this paper. Through the analysis of the cooling-off period system and onthe basis of advanced experience of various countries, this paper combines with thecurrent situation and weaknesses of legislation in China to put forward implementationrules of applicable law and improve the system of cooling-off period in order to trulyprotect the legitimate rights and interests of consumers.
Keywords/Search Tags:Cooling-off period system, Cancellation right, protection of consumers
PDF Full Text Request
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