On The Consumer’s Right Of Withdrawal In Distance Contracts

The Consumer’s Right of Withdrawal in Distance Contract may be concluded by any means(by internet, e-mail, telephone,television, etc.) which do not require the simultaneous physical presence of the parties to the contract. The consumer may make a decision within a certain period without penalty and without giving a reason. Establishing the system of consumer’s right of withdrawal is of great significance to improve consumer protection and promote the healthy development of consumer market. However, there exist many problems in actual application about consumers’ right of withdrawl since the new amendment of Law of the People’s Republic of China on the Protection of Consumer Rights and Interests was issued, and the system of consumer’s right of withdrawl in distance contracts needs to be further improved.This dissertation will discuss the Consumer’s Right of Withdrawal in the following three chapters.Chapter one analyses the general theory of consumer’s right of withdrawl in distance contracts, and compared the concept and institutional evolution of the right.It is a new type of consumer right in economic law,which possesses features of legality, unilaterality, non-reason andspecificality. Chapter two refers to specification of system of consumer right of withdrawal in the USA, Germany, EU, Japan and China Taiwan, providing useful inspiration to perfect our system. Chapter three studies Chinese concrete practice and the related provisions on large e-commerce platforms,combining with the provisions of the new consumer law to set out deficiencies of our consumer right of withdrawal system,and makes suggestions to perfect it. On the scope of application, the scope of the subject considered to be more clear in consumer’s right of withdrawal in distance contracts system; On the application of the right, the scope of object must be strictly limited; On the exercise of the right, the obligations of providing information need to be more specific,the period of withdrawal and the standards product integrity need to be more scientific, cost burden and the refund amount can have a more complete regulation; On right exertion method and prevention of rights abuse, need to standardize the exercise of the consumer rights by designing fair system.