The Study On Second-hand Goods Sales Legal System

Nowadays,we encourage promoting eco-economy and building a low-carbon society.So second-hand goods sales gradually coming into the public eyes and it has developed rapidly.Our country has changed the status of the second-hand goods sales and removed many limitations of this industry.After the removing,large amounts of capital and the influx of second-hand goods sales personnel run into the field.But at the same time,this situation really causes a lot of problems and contradictions.In the second-hand goods sales transactions,sellers and consumers have different legal requirements based on their own interests.Sellers of second-hand goods need the support from the legal system to solve the smooth issue of sales channel and the heavy tax in the transaction.Consumers have to face the difficult identification of product quality,price assessment difficulty,easy infringement issues in the purchase of second-hand goods,and it's also very difficult for consumers to protect their own rights when they encounter all the mentioned issues.So the consumers are willing to have the legal system regulating trade of second-hand goods.Therefore,the practical legal needs are the basis for the research of the related legal system.China's current regulations of second-hand goods sales activities are "Junk circulation management method" which was issued by Ministry of Domestic Trade and the Ministry of Public Security in 1998 and the "Old electrical and electronic products in circulation management method" that issued by the Ministry of Commerce in 2013."Junk circulation management method" is the basic law of second-hand goods sales industry but it has been unable to meet the current needs of life.At the same time,the "Old electrical and electronic products in circulation management method" regulates specialized products in this field.It does not have a wide range of universality.And the Commerce Department issued many guidance documents but there are no specific regulations and implementation rules,they all lack of the force of law.Relevant laws for sales of second-hand goods are "Contract Law","Product Quality Law","Consumer Protection Law" and "Tort Liability Law".There is no specific provision for the sale of second-hand goods from all the above laws.And there are some issues apply in when using the relevant laws.The lack of legislative and regulatory enforcement makes the second-hand goods sales market chaotic so they are the real risk of the industry development.Therefore,my suggestion is to perfect relevant legislation making amendments to "Junk circulation management method" and improving the legal level.To solve all the issues above,we'd better combine specific conditions of our country with foreign country experiences.In this thesis,I will try to make recommendations from six aspects,namely second-hand goods sales incentive system,quality and price evaluation system,identification and registration system,industry access system,tort liability system and the legal and regulatory system.All the recommendations try to solve the real legal needs for second-hand goods sales industry and hope to protect the long-term healthy development of the second-hand goods.