On The Improvement Of Consumer’s Right Of Rescission

The new Consumer Protection Act was implemented in 15th March in 2014, which prescribes the consumer’s right of rescission. This implementation of this law is beneficial for the protection of consumer rights.However, since the new act is not that comprehensive and clear, many problems emerge in its actual operations. On the meanwhile, there are many barriers in consumers’right protection due to the lack of supervision and the lagging of supporting systems.Besides the introduction and the summary, the thesis is composed by three parts.There is an analyzation of the basic of consumers’right of rescission in the first part, including the definition, features, scopes of application, exercise period and legal consequence of consumers’right of rescission. The author draws a conclusion that the consumers’right of rescission is a new right for consumers by analyzing the differences among consumers’right of rescission, the right of rescission and the rescission right of contract, as well as the termination right of contact. At the end of the first part, the author introduces the legislative history and social background of the right of rescission system in China.The second part is about the discussion to the current problems sensing consumer’s right of rescission, such as defects in legislative behavior, the blank in supporting system and credit evaluation system, inadequate in law system, poor supervision and so on, which lead to barriers for consumers’right protection and eventually hinder the effectiveness of this new Act.The third part is the most significant part in the thesis. Considering about the current problems, the author puts forward suggestions to improve this new Act:supplement the details of the rule, clarify proprietors’duties, regulate the abuse rescission right, establish the market access mechanism, set up the supporting system for solving disputes, apply the combination of internet, credit supervision, combine the big data of industry with commerce and supervision, improve relative legislation and supporting measures, and so on. With exhaustive analysis of the aspects above, the thesis presents corresponding solutions, in order to optimizing the consumer’s right of rescission in China, making it more rational and available, in this way can we contribute to the application of the new Act and protect consumers’ legitimate rights.