Research On Legal Issues Of Consumption Rebate

As a new type of promotion model,consumer rebate is popular among consumers.However,China has not too much time on developing consumer rebate,the business model is not mature,and the corresponding legal system is not perfect enough.Many loopholes on rights protection and supervision are exposed.Since the prevalence of new consumption model,consumer rebates have brought benefits to consumers,which promoted the conduct of transactions and economic development.But we should also notice that it still exists many legal problems behind the convenience of consumer rebates.These problems not only impede the healthy development of consumer rebates but also hinder the orderly working of the market economy.Consumer rebates are divided into broad concepts and narrow concepts.This paper discusses the narrow sense of consumer rebates.The first part introduces the concept of consumer rebate,which means that the consumer meets the agreed terms when he purchases the commodity from the seller,and the seller or intermediary will rebate him in some positive feedback form.This paper analyzes the characteristics of consumer rebates in terms of the subject,purpose,time and effect of consumer rebates.Consumer rebates have the same characteristics as other forms of promotion,the specificity of the subject,etc.,but consumer rebates also differ from other promotional modes,such as time restrictions.Consumer rebates are generally classified into consumer rebates,consumer cashbacks,and consumer points.However,according to the difference of classification criteria,it can be also subdivided from other aspects.The second part divides and discusses the legal nature of consumer rebates from two perspectives.Firstly,it discusses the legal nature of sellers' direct rebates.Many scholars have different opinions on it.This paper believes that the legal nature of such rebates should be classified as a contract,because the occurrence of the rebate behavior is the result of the consumer's corresponding consideration.It does not belong to the free gift from sellers or conditional or attached gift.The legal nature of the rebate behavior of third-party intermediaries and cooperative merchants in third-party intermediary rebates is different.This paper considers that the existence of third-party intermediary merchants' rebates on rebate websites belongs to the entrustment contract with the nature of intermediary service contract.The legal nature of the third-party intermediary and consumer rebates is characterized as a service contract.The third part of this paper mainly analyzes the main legal issues of consumer rebates from three perspectives: consumer,supervision and legal application.First of all,there are many violations of consumer rights in consumer rebates.This article mainly discusses three aspects of false propaganda,fraud and overlord clauses.When propagating rebates,operators raised prices deliberately or used ambiguous propaganda slogans to mislead consumers.At the same time,raising prices beforehand involves the scope of price fraud,and operators often delay the time when rebates are cashed.If the rebate period is too long,or the rebate received after consumption is lower than the agreed ratio,etc.,it is a fraud of the operators.Regardless of the form of rebate,the operator has unilaterally formulated the overlord clause,excluding the main rights of the consumer,and exempting the main responsibility of the party,such as the final interpretation of the mall or the withdrawal threshold.Secondly,the main problems on the supervision of this article through the third-party intermediary qualification review is too loose and the regulatory body and the division of authority are not clear.The qualification review is too loose,which means that the operator is relatively easy to obtain qualifications,and does not need the operator to meet the the minimum requirements of funds.There is no specific exit system and regulation.So it is easy to affect the market order of the rebate policy.However,after the operators enter the market,there still exist unclear regulatory bodies,and the links between the departments are not close.There are loopholes in this aspect of the regulations that need to be improved.There are also many loopholes and unreasonable points in the application of the law.For example,the responsibility of the operator is not clear,and the punitive damages system is difficult to adapt the new type of promotion model of consumer rebates.It also has the unclear jurisdiction problem in the procedural law.Therefore,we need to improve the construction of the consumer rebate system from the laws and regulations.In the last part,In order to explore the path of consumer rebate legal regulation,this paper mainly proposes some suggestions on the legal regulation of consumer rebates from four aspects: safeguarding the legitimate rights and interests of consumers,perfecting the three supervision modes,clarifying the responsibility of the operators and clear jurisdiction.