Study On Consumers’ Right Of Withdraw In Electronic Commerce

With the unceasing development of the socialist market economy of China, updating of Internet technology and maturing of the third-party payment platform technology make the economic activities and the consumption patterns diversified. Online shopping has become the principal way of the consumer’s shopping activities. Owing to the Information Asymmetry and vitality and some other reasons in the Electronic Commerce, the possibility of the lawful right and interests of consumers being infringed greatly increases. Therefore the Consumer Protection law of China guarantees the “right of withdraw” and makes some limitations on the range of application and condition of usage, which aims to protect the consumers while avoiding to harm the enthusiasm of the sellers to join in the economy activities. This embodies the determination of the law makers to enact the legal construction and do Justice in the Electronic Commerce industry. While, there are still some problems such as the in-perfection of the design, lack of supporting system, conflict with Electronic Commerce system and difficult to exercise. In some other countries, with the establishment of the supporting system, the rule develops well. We can learn from them, but we still need to apply this rule. According to the inherent tradition and economic condition of our country.This paper tries to analyze the current status, the predicament, the causes and the solutions as well,through four parts as follows:First, this part discuss the necessity and importance of this rule through theoretical analysis. Second, this part is mainly about the obstacles and predicaments, such as abuse of the right, vague of the relevant regulation and lack of supporting system. Third, this part tries to find out the causes through analysis of the legal designation, the involved plays and the relations with other systems. Four, this part indentifies the range of application, the condition of usage,and the dividing line with the other relevant systems in Electronic Commerce. So that the consumer may exercise the right of withdrawal in a more efficient way to protect their own rights and interests.