| Consumers go back on our word right system established in Britain in the 1960 s, as early as the starting point is to protect consumers, it has established the purpose lies in the gap of balance of consumer and business operator to smell strong weak position, ensure the healthy and orderly development of market economy. Consumers’ right to go back on our word "system", that is, consumers based on the provisions of laws and regulations, to buy the goods within a reasonable period shall have the right to unconditional return, make consumers in a certain period of time for the purchases made more rational judgment, no reason to return and have the right to also do not need to pay the other expenses system.On March 15,2014 of the "consumer rights and interests of the People’s Republic of China protects a law" article 25 (revised edition) for the first time in the form of law to set up the consumers go back on our word right system, the establishment of the system is to be a feature of the new elimination. On March 15, 2015, the state administration for industry and commerce issued "infringement of consumer rights and interests behavior punishment method", make supplementary provisions on XiaoFeiQuan back right system.Given consumers go back on our word right system in our country is still "young", in the perfect degree of the law provision, law enforcement practice aspects unavoidably some deficiencies, and its basic theory research work although some scholars conducted earlier, but there are still some controversy. Paper mainly adopts literature research, empirical research and experience summary, thesis research methods such as investigation, to find back right system deficiencies in our country and put forward reasonable Suggestions in view of the lack of.Paper on the basis of the summarization of back right theory on the basis of research achievements, the "consumer rights and interests protects a law" about turning back the content analysis of power system as the center, pointed out our country present law back right system back right scope of regulation is not clear, applicable standards during the lack of operability, scheduled to be perfect, and go back on our word right system in our country there are operators to carry out dynamics in the concrete practice of insufficiency, the back right infringement dispute increased difficulty for consumer rights protection, such as consumer malicious return the actual problem. Paper eventually regret in the overseas rights, on the basis of the advanced experience of specific provisions, put forward to improve the existing legal provisions go back on our word right system should improve the system of right of consumers go back on our word detailed rules for the implementation, the type of the goods shall be applicable to the specific include thinning and clear standards of goods in good condition, gradually improve Suggestions, such as during scheduled at the same time to improve the administrative law enforcement supervision mechanism and give full play to the positive role of industry association and other groups, consumer and business operator responsibilities.Paper is divided into six parts:The first is the introduction part, regret for consumers right system background, research significance.The first part is the consumer go back on our word right system overview. Regret for the consumer right system in the basic concepts, characteristics, nature to define. And will be easy to go back on our word type of confusion, the concept of consumer including three guarantees system, contract cancellation right, the right to terminate a contract.The second part states the basic content of consumers go back on our word right system, which is divided into four elements, namely the right of consumers go back on our word applicable prerequisite, applicable scope, applicable standards and applicable deadlines.The third part about consumers go back on our word right system present situation and defect of our country. Including consumers go back on our word right legislation present situation and defects in our country, the application of the consumers go back on our word right system in our country and problems.The fourth part, introduce the evaluation system of consumers go back on our word abroad practical situation, the main content of Germany’s cancellation right system is introduced, a brief introduction to a cooling-off period system of Britain and the United States and go back on our word right system of evaluation to the country.The fifth part is about the improvement of the system of right of consumers go back on our word. Including improve the system of right of consumers go back on our word legislative provisions, improve the administrative law enforcement supervision mechanism, give full play to the positive role of industry association and other groups, specific consumer and business operator liability. |
