Research On The Consumer's Right To Regret Of China

The consumer's right to withdraw from the Law of the People's Republic of China on the Protection of Consumer rights and Interests(hereinafter referred to as the "consumer law"),which was revised in 2014,has become a system that has been widely concerned.Under such circumstances,the formal implementation of the newly revised "consumer law" in China gives consumers the right to recall their regrets for the first time,which means that the right to recall has risen to legal rights and become an important legal basis for safeguarding consumers' rights and interests.However,many imperfect problems still exist in the newly amended "digestion law",and according to the development of current market economy,consumers often encounter difficult situations when exercising this right in practice,so that although consumers have laws to follow,they are often unable to effectively exercise their rights.In such an environment,have to go back on our word to consumer rights to make further research and discussion,the new "elimination" in the regulation of consumers go back on our word right in law not only protect consumers,and should make the rights in the changing economic activities can be effectively implemented and will not be the law become worthless things.On the basis of this,this paper makes a concrete analysis and an in-depth study of the legal system of consumer's right to back out.Based on the existing system of consumer's right of retraction,this paper analyzes the specific legislative provisions and other laws and regulations of this system in China,and studies the problems existing in the application of the system of consumer's right of retraction.By referring to the legislative experience of other countries through some foreign legal provisions of common law system and continental law system,this paper makes a specific analysis and solution to the deficiencies of the legal system of consumer's right of retraction.This paper is mainly composed of the following four parts:The first part is an overview of the legal system of the right to withdraw,that is,an analysis of the concept,theoretical basis and necessity.Firstly,the definition of the law of consumer's right of retracement is clarified,and then the system is analyzed in detail by analyzing its concept,characteristics and the way of exercising it.Secondly,the theory foundation of consumer's right to back out of regret is briefly introduced,mainly including the theory of meaning formation,the theory of substantial justice and the theory of good faith.Finally,this paper expounds the necessity of legal protection of consumer's right of going back on one's words,and analyzes the status,interests and risks of both parties in the transaction.The second part is about the legal system of foreign consumers' right to back out of regret.Firstly,it introduces the legal provisions of various countries on this system,and further understands the relevant legal provisions of foreign countries.This paper studies the legislation of countries with more developed legislation on the legal system of consumer's right to back out,that is,it mainly studies and analyzes the legislative provisions of countries with common law system and countries with continental law system.Finally,it summarizes the foreign legislative experience that China can learn from in perfecting the legislation,that is,it studies the enlightenment of China on the scope of application of consumer's right of repentance,the obligations of operators,the period of exercising and the consequences of exercising rights.The third part mainly puts forward the current our country consumers rights legal system present situation and existing problems,according to the analysis of current legislation in our country,and aiming at the existing legal system,and try to put forward problem of consumers go back on our word right legal system in our country,which put forward a series of problems,namely the scope of consumers go back on our word right system in our country,exercise right way,the obligation ofthe operator as well as the rights of the imperfection of the safeguard measures,etc.,emphatically analyzed.The fourth part will be the third part of the analysis of the problems,corresponding to the proposed improvements.In the light of the problems existing in China's law system of the right to withdraw,corresponding Suggestions are put forward.Secondly,the standardization of the form and form of the consumer's right of retraction,that is,the premise and starting point of the exercise of the right of retraction are provided more clearly.Thirdly,the rights and obligations of both parties are clearly stipulated by law.Finally,through the establishment of the credit evaluation system of operators,consumptive dispute arbitration system,further improve the implementation of consumer rights of the protection measures.