Research On The Application Of The Cooling-off Period

With the development of information technology is becoming more and more mature, the purchase of goods through the network or the service has gradually penetrated into people’s daily life.The revised "consumer protection law" increase in the number of new regulations, the biggest bright spot is the twenty-fifth, the 7 days no reason to return system to give rise to the legal level, given the coercive power of the state,aimed at promoting equality between buyers and sellers, the clause is significance.But the new "consumer protection law" implementation practice has proved that a year, although in the process of law revision, lawmakers are analyzed to balance the interests of consumers and operators of objective and detailed, but because the law itself is lagging behind, the new revision of consumer protection law in the course of the application will encounter a variety of problems, the rules of cooling-off period also exists rights abuse in the application process.This paper is based on the new "consumer protection law" article twenty-fifth, starting from the network operator’s point of view, to explain the rules of the cooling-off period in the application process problems, and analyze the deep reasons, so that the rules of cooling-off period more perfect in practice.In this paper, combined with the existing research on the cooling off period rules in foreign countries and in China after the issue of the cooling-off period,using the research method of case analysis, questionnaire survey, comparison between China and foreign countries, from the following three parts: The first part is a cooling-off period of rule in the application of the difficulties faced by operators.Including increase the operating costs of the operators, difficult to define and exclude the application of a cooling-off period of rule of the range of goods is not clear, it is difficult to determine the liability for defective goods and illegal operators abuse cooling-off period problems.the second part is the reason of these problems is divided into analysis of cooling-off period, including the applicable provisions of our country’s credit foundation is weak, the rules of cooling-off period is not clear, so that some consumers or operators abuse the right.The third part is about some suggestions to improve the rules of cooling-off period in our country in the application. Through the refinement is not applicable to the cooling-off period range, the development of commodity good standard, both sides share the exercise of reasonable costs incurred as a cooling-off period.So that consumers play a cooling-off period in the rules to protect consumers. At the same time, also can protect the remote shopping network operators of the legitimate rights and interests.