The Legal Application Of The Consumer's Right Of Regret

With the rapid development of China's economy market,the trading behavior of consumption areas has become more and more complex,the rights and interests of consumers more vulnerable,inclined to protect consumer interests,conforms to the international trend of consumer rights and interests protection,development of the market economy is the inevitable choice of all countries through legislation,inclined to protect consumers,one of the important measure is the right of regret,china has stipulated the right of regret in 2013 when reformulated the Law of the PRC on the Protection of the Rights and Interests of Consumers,make the research of rescission is more practical significance,the consumer's right is the denial of freedom of contract,the introduction is the existence of system and the value of the conflict and how to explain its legitimacy,has been argued in academic field,at the same time the provisions of 25th of the more general,explain the elements of the application need,so this paper aims to analyze the back right background and reference value on the base of the consumer's right based on foreign legislation and the interpretation of the specific application.In this paper,in addition to the proposed and the conclusion part of the problem,is divided into three parts:The first part is the basic theory of the right of regret.The first is the background of the right of legislation,lay the foundation background through the analysis of the right of revocation of the value basis for the right to go back on the discussion below,the right is the product of the development of the market economy,but also the product of modern legal thought changes,it broke through the traditional contract concept,reflects the modern law for the pursuit of substantive justice.Followed by combing the development of all countries the right to go back on the building,can see the right to go back on the right system of common framework and development about context,including the European Union and Germany legislation on the right to go back on the quite perfect,the construction of the system and the advanced legislative technology for our right to go back on the interpretation and application of reference materials.Finally,the right value foundation,value foundation is the theoretical basis,the construction of the rescission legislative model and the specific design of the system of the foundation.Right in the evolution of modern civil law idea thought,is the real embodiment of justice value,reflects the modern civil law to protect the weak and free will make a breakthrough.At the same time as to balance the interests between operators and consumers,the right of system design also embodies the value goal of the legal pursuit of social efficiency.The second part focuses on the analysis of the specific application of our 25th consumer protection law,25th stipulates the right of revocation of the applicable scope,the exercise period,the legal consequences of such content,but due to the limitation of the language of narrative and the legislative technology,explain the meaning of related factors also need to be made in the concrete application,this part in the frame Rescission in based on the existing law interpretation,through to the extraterritorial legislation and interpretation of the law,specific rules clear consumer's right of rescission.The third part introduces the legal consequences of the exercise of the right to regret,is to terminate the contract,the two sides returned to pre contract,including consumers return products,operators refund,consumers bear the return shipping.Bear the legal consequences and interest relations with the design of both the responsibility of the balance,is the important part to the right system in section.