Research On The System Of Consumer Withdrawal Rights In China

Today,consumers shopping with a very open mind,no longer confined to the operators and face-to-face transactions,to seek a variety of consumption patterns,for example:on the telephone transactions,and operators deal with operators to Taobao online.These changes in the way the transaction means that the concept of consumer change.Their consumption of the way that consumers can enjoy such as face-to-face transactions fast and convenient in any place,but in practice,these transactions will inevitably exist a series of problems,the most urgent problem is to buy goods for consumers in the operators,can not effectively return the problem.Under this background,the new Consumer Law Article 25 of the consumers’ right of withdrawal system are expounded,and the provisions on the implementation of specific conditions and the rights and obligations of both parties,as consumers in the remote areas of consumption provides system guarantee.Unfortunately,the system specified in the relevant issues on the operation is relatively rough,difficult problems in practice,such as the "goods"and "not to return" fuzzy concept,makes consumers and operators of both the deviation of understanding."The scope of the right to withdraw","the exercise of the right to withdraw"provisions are too narrow,which led to the return of the rights of consumers in the exercise of the right to seek legal means to safeguard their legitimate rights and interests.Therefore,it is meaningful to refine and elaborate the system in detail.In addition to the introduction and conclusion,this paper expounds the system through four aspects.The first part is mainly about the theory of the consumer’s right of withdrawal,including the concept,basic characteristics,nature and theoretical basis.It has the characteristics of legality,specificity,and without reason.In the theoretical basis,the paper mainly discusses the substantive justice and the protection of consumers’ inclination.The second part focuses on the legislation and application of the system and the problems faced at the present stage.On the status quo of legislation in our country,including the national level and the local level of two aspects,the application of the status quo,today,the application of the system in our country.Subsequently,this paper summarizes the problems faced by the system in our country at the present stage,and there are five problems.The third part is the extraterritorial legislation and reference.It mainly investigates the legislative provisions of the consumer’s right to withdraw from the United Kingdom and Germany,and obtains the corresponding inspiration from it.The fourth part of the article is aimed at the shortcomings of the second part puts forward some suggestions for improvement.