Study On The System Of Consumers' Right Of Withdrawal On Network Shopping

In the past 20 years,China's society has undergone rapid changes,people's consumption level,consumption habits and consumption goals have also been substantially changed.And the old consumer protection law has been unable to adapt to the rapid development of the times,can not bring enough protection to consumers,can not effectively safeguard the legitimate rights and interests of consumers.The consumer protection law,which came into effect in March 15,2014,is the first amendment to the consumer protection law since 1993.Consumers in daily life,as a natural person,time and energy are very limited,convenient,and a wide variety of online shopping methods gradually received people's favor.This convenient new shopping style will undoubtedly improve the efficiency of shopping and bring a lot of convenience to consumers' life.However,because online shopping is a long-distance shopping,and can not see the physical,the operator only need to display the commodity information on the page,you can enter into a sales contract with the consumer.Some operators to use both sides of the transaction information asymmetry,can not see the real characteristics,using impulse consumption errors of consumers,leading consumers to entice shopping carefully,after receipt of the goods found unnecessary and impractical,even does not match the physical and picture and so on,resulting in economic losses.Some operators even a false advertising,consumer fraud,shoddy,violations of the legitimate rights and interests of consumers.This paper mainly studies the new consumer protection law article twenty-fifth on the right of withdrawal stipulates: "operators sell commodities on the Internet,television,telephone,mail order,consumers have the right to return within seven days from the date of receipt of goods,and without justification." This regulation has maintained the legitimate and legitimate rights and interests of consumers to a certain extent.The first part of this article mainly introduces the background,purpose and significance of the article,studies the literature at home and abroad,summarizes the views of scholars,and then explains the content of the study and research methods.The second part is an overview of the right of consumers to withdraw.This paper studies the concept,characteristics and legal basis of the right of recall,as well as the significance of the right of recall,and analyzes the special protection of the right of withdrawal to consumers.The third part is the current legislation of consumer recall right in our country,and analyzes the shortcomings of the existing law.Due to the initial legislative attempt,the article of the system of withdrawal right is not detailed,and needs to be revised and perfected in details later.The fourth part introduces the withdrawal right system of foreign countries,compares and analyzes the right of withdrawal at home and abroad,and summarizes the merits of the right of withdrawal of foreign countries on this basis,laying the groundwork for the content of the next chapter.The fifth part puts forward the suggestion of perfecting our country's withdrawal right system.On the basis of the previous chapter,this paper analyzes how to improve the system of consumer recall right in china.