Research On The Consumer's Right Of Rescission In Our Country

In recent years, the market economy has developed rapidly, new trading patterns such as the Internet, telephone, television and others are also rising. These new types of trading mode did brought convenience to consumers in the one hand; in the other hand, they also exacerbated the gap between consumers and operators in aspects such as information access and economic strength at the same time. The weak position of consumers has become more and more obvious; also the phenomenon of infringement has become more and more rampant. Therefore, it is necessary to give consumers the right of Rescission. The right of Rescission refers to the right which consumers have in specific areas of consumption, consumers could terminate the contract unilaterally according to their own intention within the statutory period, don't need to tell any reasons to operators, and do not assume any liability for breach of contract. Appeared on the surface, the right of Rescission seems to be a departure from the principle of "contract will keep" in civil law. Actually, the setting of the right not only fits the essence of justice required by the contract law, but also be conducive to the promotion of legitimate business operations and the establishment of a healthy and orderly market system. There are necessity and legitimacy to establish the right of Rescission system.In other countries, the right of Rescission has been incorporated into the law as early as the 1960s. So far, the system in Germany and other countries has become codified. In China,however, consumer's right of Rescission legislation started relatively late, it was formally written to the "Consumer Protection Act" until October 2013.Although the establishment of the system has brought hope to consumers, loopholes in the legislation have led to a result that the maneuverability of the system is very weak. Therefore, to truly implement this legal right of consumers, legislation must be completed as soon as possible. This paper started from the basic theory of the right of Rescission and analyzed the problems of the right. Based on the national conditions of our country and the reference to the abundant foreign legislation experience, this paper put forward some specific suggestions on perfecting the right of Rescission. This article is divided into five parts:The first part, the problems of on the research of consumer's right of Rescission should be clarified. The concept is the logical starting point of any system research, which is also the most important issue that needed to be solved when study the right of Rescission. In addition, this section also analyzed features, legal natures and the differences with similar concepts of the right.The second part, the legislation of consumer's right of Rescission in our country. About the legislative process of this right, the author mainly sort out from two aspects such as national legislation and local legislation, and on this basis to sum up the limitations of the legislation of the right of rescission in our country.The third part, defects existed in consumer's right of Recession in our country. This system has just established in our country, and there are still many loopholes in regulations about its scope of application, the exercise period, standards of return purchase, obligations and legal responsibilities of both sides and other problems. Due to the unclear legislation, behaviors such as the operator against the consumer's right of Recession occurred often in the practice. Current laws and regulations lack of maneuverability, which is a great blow to the enthusiasm of consumer's right-defending. In this part, the author analyzed the existing problems of the system mainly from two aspects such as the current legal provisions and practical operations.The fourth part, analyze and reference the foreign law about consumer's right of rescission. Legislation abroad started early and has grown mature. The author selected three representative countries and regions such as the United States, Germany and the European Union to analyze their systems of the right of rescission, and learned from the legislative experience of these countries to constantly improve our system of the right of Rescission.The fifth part, specific suggestions of perfecting our consumer's right of Rescission. According to the problems existed in our country's right of Rescission, this paper learned from foreign experience and considered both national conditions of our country, and put forward concrete suggestions for the perfection of the system to enhance the maneuverability.