Study On Consumer's Right Of Withdrawal In Online Shopping

With an increasingly strong demand for the establishment of consumer's right of withdrawal from educational circle as well as practical circle in recent years, Consumer Protection Law of People's Republic of China(hereinafter referred to as Consumer Protection Law) modified and came into effect in 2014 first ensure it through the legislative way,by now this right can be apply to such fields as online shopping, TV shopping, telephone shopping, mail shopping. As e-commerce like B2 C,C2C,O2 O transaction mode developed quickly, online shopping's influence has been more and more widely, it become the most typical field in consumer's rights of withdrawal. Therefore, this article will make comprehensive analysis of the system of consumer's withdrawal right from online shopping perspective, try to find out juridical logic behind the system and combine with highlighting practical problems which cannot be settled by now, make suggestions for perfect the system. The four section of this article are as follows:The first section of this article first show the history of withdrawal right to recover the reason for its establishment and development. Secondly, contrast consumer's right of withdrawal with withdraw right in Contract Law, right of rescission, consumer's optional right and right to know, by which draw the conclusion that consumer's right of withdrawal is an extended right of consumer's basic rights. Thirdly, analysis the conflict and balance between withdrawal right and the existing legal principles,for a brief description of the rationality of withdrawal right. Finally, discuss the special nature of online shopping to explain the function of online shopping consumer's withdrawal right.Section two make a comprehensive summarize for present situation and the plight of the right to withdraw in our country. First, comb the domestic laws and regulations on withdrawal right and online-shopping, then make a summarize evaluation. Secondly, list the prominent problems from typical cases, explain the disputes and the inextricable obstacle in withdrawal right, expose the imperfect and unreasonable place of the current system, which lead to the request of put forward certain perfecting suggestions.Section three is about references from foreign experience. First introduce relevant legislation about withdrawal right in EU and its member States of United Kingdom, as well as United States, make a conclusion of its legislative characteristics and advantages. Secondly, generalize the differences between overseas and domestic, put forward suggestions from combining foreign experience and the situation of our country.Section four aimed at resolve the problems proposed above, profit from the overseas legislative experience and technology, put forward modify suggestions for establishing and perfecting laws and regulations and making improvement in other trading systems respectively, hoping that consumer's rights of withdrawal in online shopping can execution successfully, play a more significant role in protect consumer's interests and establish a benign development in online transactions.