Study On The Application Of Consumer’s Rights Of Withdrawal In The Territory Of China

With the continuous development of China’s economic and the popularization of electronic payment, patterns of consumption are increasingly convenient and efficient. However, the widespread of long distance transaction such as online shopping have also brought some non-quality problems and arisen some disputes on After-sale Service against proprietor. As consumer cannot negotiate with proprietor face to face in such long distance transaction, it would be much more difficult to claim for the sales return and payment refund, even if the problem has been solved successfully, it would take a lot of time and expenses of consumer.In order to protect the legitimate rights and interests of consumer, legislation of “Consumer’s Right of Withdrawal”(herein after refer to as “right of withdrawal”) on long distance transaction has been issued in many countries and regions, which consumer can return the goods without reason by sending the written withdrawal notice to the proprietor within a reasonable period of time. In China, the Consumer Protection Law has been amended on the date of November 10 th, 2013 with the new Article 25 “Consumer’s Right of Withdrawal” to solve such problem. The subject of this paper is a study on the application of right of withdrawal in the territory of China. In this paper, combine with the foreign legislation experience as well as the actual situation in domestic, we would like to give some advices and suggestions to improve and procure the after-sale services. This paper is consist of four parts, the Preface bring the question “the application of right of withdrawal in China” and introduced the origin of right, the concept of right as well as the study value of this paper. Chapter One is departed to two parts and study on the application conditions of Right of Withdrawal, including the transaction type, commodity category, the exercise of “Confirm” and the definition of “Perfect” in accordance with Article 25 of Consumer Protection Law. Chapter Two study on the exercise of Right of Withdrawal and the calculation of Withdrawal Period. Chapter Three study on the legal effect of the exercise of right, part one analysis the goods return obligation of customer and the purchase price refund obligation of proprietor, and part two is research on the expenses of return freight and risk of goods impairment during the transition period. In the end, based on the research mention-above, this paper summarized the application advices and suggestions of Consumer’s Right of Withdrawal.