Reserch On Consumers’ Right Of Cancellation System

With the development of information technology, represented by the network shopping of remote shopping consumer market rapid development, consumer is enjoying the housebound shopping convenience, at the same time also will encounter a lot of network shopping dispute embarrassing situation. But due to the imperfect legislation, China’s online shopping consumers legitimate rights and interests in the aggrieved, hard to get relief.In October 2013, our country "Consumer Protection Law" changes,in which theright of cancellation is introduced. The system to protect the lawful rights and interests of the network shopping consumer is of great significance This paper mainly adopts literature analysis, comparative study, analysis, a comprehensive legal research methods, such as to online shopping as the breakthrough point, theright of cancellation system in China were discussed, in order to the improvement of the system of right to regret some feasible Suggestions.This article is divided into four parts.The first part is an overview of the right of cancellation. The right of cancellation system in our country is refered to the cooling-off period system of the United States, the European Union and other countries. The right of cancellation itself is the formation of a new type of right, it has Characteristics such as statutory, unilateral, time limit and non-causative nature, free sex etc. This part also discussed the differences and relationship between the right of cancellation with the right of consumer choice, contract cancellation right, and right of termination of the contract.The second part firstly introduces the history of cooling-off period system of the western countries, secondly, respectively introduces the related legislation in the United States and the European Union, and then, on this basis, conclude that the legislation in China can bring reference and enlightenment from the law of other counties.The third part mainly discuss legislative basis and realistic foundation of building the right of cancellation system, and then analysis the article 25 of Consumers’ rights and interests protection law, to focus on the scope of right to regret, the exercise period, the exercise reason, the exercise conditions, Bear the cost of return, and the exceptions.The fourth part in this paper focuses on the practice of the right of cancellation system. Through the introduction of some cases of practice, we can know the problems we face in practice, and then according to these problems, advances some corresponding solutions. Finally, in reference to foreign legislation, on the basis of reference for our country’s concrete national condition, puts forward some Suggestions of perfecting the right of cancellation system from the following four aspects: improve the auxiliary legislations,Strengthen supervision and execution;Cultivating good consumption habits of consumers;expand the applicable scope of the right at a right time.