Research On The System Of Consumers' Return Without Reason

The system of consumers' return without reason refers to the consumers in a specific type of consumer contract about goods or services,ensure goods complete well,without affecting secondary sales as standard,according to the conditions and procedures of law,the consumer can cancel or revoke the contract without any reason,and do not bear any liability for breach.At present,the specific types of consumption mainly include through the network,television,telephone,mail order and other forms.The system of consumers' return without reason is the product of the development of market economy,and the new law of consumer protection gives consumers' right of returning without any reason.It conforms the trend of consumer model under the new media,to some extent solves the problems of consumer' return,protects the legitimate rights and interests of consumers.By defining the category of consumers and operators,the article expounds the basic meaning of the system of consumers' return,and then compares with other rights,obtains the nature of return without reason.And it summarizes the developments of the system.Then,the existence basis of the system from two dimensions of jurisprudence and practice,not only embodies the basic principles of fairness and justice,honesty and credit,but also explains the phenomenon of returns without reasons in many fields of practice.Through comparing the similarities and differences about the system of consumers' return without reason and the extraterritorial system in the scope of application,applicable rules and applicable results,the article finds the deficiencies in the domestic system,combined with the legal level and social environmental level,then,it provides a series of constructive suggestions.In the form of new consumer protection law and special law or judicial interpretation,to perfect the provisions of the system,it clarifies the obligations of operators,consumers and platform providers,and sets punitive liability in accordance with the abuse of rights.Through the establishment of consumer litigation mechanism,establishing credit evaluation supervision departments and publicity and educating consumers and industry associations can improve the implementation of the system.