Improvement Of Laws Of Period Of Right Of Withdraw

In the field of the distance shopping,the information between consumers and business operator is asymmetric.It is susceptible to damage consumers' legal rights.The right of withdraw can correct unfair that asymmetric information causes,reduce the loss that consumers' irrational consumption causes.It is not to damage the interests of the business operators,but to ensure fairness with the form of unfairness,realize freedom of contract.In real life,the protection of vulnerable consumers exists many problems,such as the standard of the starting point of period of the right of withdraw is single;the right period length is not long enough;there is no provision about extending the period of right of withdraw.The causes of the defects of legal system are: legislative consideration is not comprehensive;the obstacles caused by provisions of right of withdraw;the obstacles of corresponding theory.So we need to publish legal regulations and specific judicial explanation in order to solve the current problems of the right of withdraw.Specifically,this text is divided into three parts:The first part briefly introduces the right system,including the concept and nature as well as the current provisions,putting forward the current problems: the standard of the starting point of period of the right of withdraw is single;the right period length is not long enough;there is no provision about extending the period of right of withdraw.The second part is to analyze the cause of the defects of legal system.The first is that legislation considering not comprehensive enough leads to the defects of the system,analyzing the reason of the single starting point standard,not long enough period length,the lack of provision of extending period.The second is to analyze the obstacle of the right system,from the view of the consumer moral hazard and unfair competition of the business operators.The third is that the system construction theory obstacles lead to the defects of the right provision.The third part the author puts forward that perfecting the right system is to build the honest credit market environment,introduce the principle of good faith into regret right term system,perfect the relevant legislation,anti-unfair competition law and the law to avoid the right abuse.According to the fairness,giving consideration to ensure the freedom of contract,the principle of protecting vulnerable consumers.Through the analysis of the foreign laws,the author puts forward the term of the points that should be associated with operator's inform obligation to count point standard,because if customers don't know if I have this right,and I don't know how to exercise,the existence of this right is meaningless.Laws should stipulate the operators inform obligation,expand the time limit of the right.If the operator did not fulfill its obligation,the length of the right period should be extended to a month,to fully protect the right of consumers,achieve substantial justice.