On The Improvement Of China's No Reason To Return The System

The Consumer Protection Law (Amendment) has been passed by the fifth meeting of the twelve session of the National People's Congress Standing Committee. The new Consumer Protection Law, officially put into effect on 15th, March,2014, has established No Reason to Return System for protecting consumers. Through giving consumers the right of no reason to return without responsibility of breach, this system aims at increasing consumers'position during consumer sale and avoiding them from information asymmetry and irrational behavior. A perfect No Reason to Return System shall contain basic concept, conditions of enforcing right and exclusion circumstance and so on. However, the current system, which is lack of direct right support, logic system design and standardized exclusion circumstance, cannot play its role perfectly both in conception and practice. This paper first studies the shortages of the recent system and foreign legislations with literature research method, logic analysis method, comparative research method and historical analysis method, then gives suggestions for No Reason to Return System mode, form of trade, package of return goods and establishment of consumers'regret right.Apart from introduction, this paper has five main parts, which are as follows:The first part sketches No Reason to Return System, which contains the definition, applicable targets and characteristics of the system. Section ? of this part introduces history of this system in western countries and the provisions in China.The second part analyzes the limitations and defects of our system. Through studying the legislation mode and its content, the paper demonstrates the unreasonable "elimination then condition" mode, limited trade form, uncertain package requirement and non-logical exclusion standards.The third part introduces the similar legislation in German, France, Europe and United States, so as to gain enlightenment of improving our No Reason to Return System. The forth part is the suggestions of perfecting our No Reason to Return System. With changing the current legislation mode into "condition then elimination" mode, we correct the logic problems. The new mode contains to establish consumer's regret right, cancel limitations of trade form, refine the packager requirement of return goods, and standardize the eliminations.