The System Of Consumer Withdrawal Right In Distance-selling Contracts

With the development of social and economic,especial as internet use in private households continues to increase,the number of online consumers is rising.Although the traditional transaction model is still occupying an important position,there are plenty of new types of consumption patterns and the long-distance trading patterns which represented by the network consumption is a typical new trading type.In China the legal regulation of long-distance transaction hasn’t developed very well,especially some special rights of consumers,such as the consumer’s right of withdrawal.Therefore,it is necessary to study on the basic theory of the right of withdrawal,as well as the comparison of the consumer’s right of withdrawal system between other countries and China.This paper focuses on the problems and insufficiency of the system of consumer withdrawal in long-distance trading patterns in China’s legislation,judicature and law enforcement.Using the method of comparative study to find the similarities and differences between China and Germany in the system of consumer withdrawal right,and explore the enlightenment of the German consumer right of withdrawal system to the development of our system.Therefore,the author will put forward in the introduction part the problems of consumer withdrawal and clarify the significance of this article to study the system of consumer withdrawal.Chapter one is the theoretical support of this paper.First of all,it studies on the concept of the long-distance contract and makes clear the type and the subject of this contract.The second part of Chapter one will introduce the historical background and system variation of the system of consumer’s right of withdrawal.In the meanwhile,like other legal systems,we also need provide theoretical basis to the right of withdraw,in order to justify its implementation.Chapter two is the main part of this paper,there will be a study on the scope of application of consumer withdrawal system.First of all,it will analyze the provisions of the scope of application of consumer withdrawal.Secondly,the study of the German law on the provisions of the scope of application of consumer withdrawal and judicial Practice ofGerman Consumers’ Withdrawal.Finally,it analyze the reference of German practice to the implementation of the right of withdrawal in China.Chapter three proceeds to analyze the exercise rules of consumer’s right of withdrawal in China and Germany.In this part intends to study in detail the period of withdrawal,exercise mode of the right of withdrawal,the standard of goods in good condition and the legal consequences of the right of withdrawal.Chapter four is based on the abuse of consumer’s right of withdrawal in China and tries to find out the corresponding solution of this system in Germany.The conclusion summarizes the key viewpoints in this article and suggests that the Chinese legal person should summarize and,innovate and carry out the characteristics of the Chinese legal system.