Study On Revocation Right Of Online Shopping Consumer In China

Online shopping is the product of the rapid development of modern commodity economy,and it is the new shopping method generated in the Internet era,which is different with tradition.The online shopping is fast and convenient.Meanwhile,it also brings a lot of disputes to consumers.In online shopping,operators and consumers are seriously in unequal status.Consumers are in a weak position for a long time.Besides,the rights as well as interests of them are difficult to be protected effectively.Most of the developed countries have established and developed the mature system of revocation to solve the outstanding problems of protecting consumers' rights and interests shopping.However,China's market economy starts relatively late,and the researches on consumers revocation right is also less.What's more,the protection of online shopping consumers is still in an unsound system.To better protect the online shopping consumers,it is necessary to improve the Chinese consumer revocation right system.Firstly,making comparison of the related systems the right of withdraw,the contract cancellation right,the right to return during probation period and the right to return due to the quality of the product,we can find the unique of the four systems and it is very necessary to make sure the existence of the right of withdraw for consumers.Next it comes to the analysis of the theoretical base of consumers' revocation right.The legitimacy of consumer' revocation will be demonstrated from three aspects: consumer protection theory,contract freedom substance and mean free protection.Secondly,from 25 th article of the Law of Peoples Republic of China on Protection of Consumer Rights and Interests(hereinafter referred to as the " elimination "),we can analyze the present legislation situation of Chinese consumers' revocation right and make conclusion that there exists four problems in it,such as,the scope of applying revocation right is narrow,the requirements on operator to inform obligation are insufficient,the regulations of withdrawal deadline are unreasonable,the specifications and manners of revocation right are not in detail.Thirdly,through the introduction the origin of the right system of foreign network shopping consumers' mainly analyzing of the legislation about consumers' revocation right in Germany and the United States,we can have a enlightenment on perfecting consumer right to withdraw in our country.Finally,drawing lessons from foreign experience,respectively from expanding the consumer scope,improving the operators' obligation to inform consumers,making sure revocation exercise period and refining the applying methods of revocation exercise to improve and perfect legislation of consumers' revocation right in China.