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Research On The System Of Consumer's Right Of Rescission

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2346330515960488Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of various new trade forms and continuous breakthrough of traditional transaction model,the existing law was not able to fully protect consumers' right in the new field.In the middle of the 20 th century,people abroad have begun to explore and legislate on how to protect the interests of consumers in the new form of transaction,i.e.the right of consumer' right of rescission.China's rapid economic development in recent years also promoted the legislation pace of consumers' right of rescission.In October,2013,China promulgated a new Law for the Protection of Consumers' Interests,which established consumers' right of rescission to legal right.Starting with the basic theory of rescission right,this article makes a comparative study of China's legislative status and legislation deficiency with relevant laws and regulations abroad and offers a suggestion of China's consumers' right of rescission considering the mature experience abroad and China's national conditions.This article is composed of five chapters.The first chapter is the introduction,which introduces the research background,research status and research methods at home and abroad,the research status of rescission right and overall idea of the thesis.The second chapter mainly analyzes the basic theory of the right of rescission.Through discussing the concept,nature and characteristics of rescission right and differentiating similar rights,it ascertains that rescission right belongs the formation right of civil law and it is a new civil right.Secondly,it elaborates the legitimacy of rescission right from meaning representation theory,substantive justice theory,the principle of honesty and credit,legal paternalism and other aspects,providing theoretical support for the right of rescission.Chapter three mainly discusses the legislative status of consumers' right of rescission in our country.It introduces the legislation evolution of rescission right in China.Useful attempts were made from local regulations to administrative regulations and judicial interpretation.It also laid an important theoretical and practical basis for the establishment of the right of rescission in the new Law for the Protection of Consumers' Interests.However,China is still in the initial stage in legislation of consumers' right of rescission with inadequacies in scope of application,exercising provisions and so on,needing to summarize and improve considering the actual situation of transaction.Chapter four introduces the legislation status in some major foreign countries and regions,including Germany,Japan and Taiwan,the United Kingdom and the United States,and European Union with relatively perfect legislation.It generalizes the legislation evolution and relative provisions of consumer's right of rescission in these countries and regions,summarizes the inspirations they brought to relevant systems of China's right of rescission based on the review of foreign legislative status.The last chapter is to put forward some suggestions to improve the rescission right system in our country.The improvement involves two aspects.The first is to improve the specific rules,including clarifying the application scope of rescission right,adding operator's obligation to disclose,providing exercise way for rescission right,specifying the standard of “goods in good condition” and prohibiting the abuse of rights.Secondly,in addition to the legal norms,it is necessary to perfect the supporting system,such as providing a good social environment for the improvement of consumers' right of rescission by developing “relevant shipping insurance” and establishing credit management system.
Keywords/Search Tags:consumer, rights and interests protection, system of consumers' right of rescission
PDF Full Text Request
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