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The Improvement Of The Period Of Online Shopping Consumer’s Rescission Right

Posted on:2018-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2336330536967924Subject:legal
Abstract/Summary:PDF Full Text Request
China’s consumer protection law revised in 2014,which regulates consumer have the right to “return goods in 7 days without reason”,consumer purchase particular commodity within a period of time,can unilaterally,unconditional return.This give consumer the right of “rescission” actually,the limit of time plays a very important role for the right to work.As the current legal provisions of the time limit of rescission have strong generality.In practice,consumers and operators have different understanding in the application,which led to a lot of disputes.Academic circles is generally believed that our country’s period of rescission system needs further elaboration.Reasonable set a deadline for back right,conforms to the basic principles of consumer protection law,to guarantee contract real fair.In order to make better protect disadvantaged consumers in online shopping,January 6,2017,the state administration for industry and commerce issued the “interim regulations for online goods have no reason to return in seven days”,for online shopping do the supplementary provisions,but there are still shortcomings.How to determine the receipt time? How to calculate the period of rescission and related to whether the operator to inform obligation? Some goods need a longer test time,and 7 days is not enough,these aspects still need to improve.On the receiving time,need to be clearly indeed as confirmed by the consumer himself to sign for the goods.On calculate way,should be associated with operator’s inform obligation to count point standard.The period of the right’s length,also need to refine.Through the appropriate supplement,protecting the legitimate rights of online shopping consumers further,play the balance of law,for the online shopping market to create a good legal environment.
Keywords/Search Tags:Consumer’s rescission right, Online shopping, The time limit of rescission, Operator’s inform obligation
PDF Full Text Request
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