Research On Right Of Withdrawal In Cross-border E-Consumer Contract

In 2014,Law of the PRC on the Protection of the Rights and Interests of Consumers formally established the rule of the right of withdrawal.So,in the face of a spurt of cross-border e-consumption,is the rule of the right of withdrawal effective in cross-border e-consumer contracts ? Is there a dilemma in the application? This article will first of all,from the angle of the theory analysis the features of the right of withdrawal in cross-border e-consumer contracts,and then from the angle of practice analysis the dilemma in the application,comparing the legislative and practical experience of other countries,in order to find the solution.The first chapter is the introduction of the cross-border e-consumer contract.First,what is a cross-border e-consumer contract? It can be defined from three levels,that is,consumers and business operators agree on the transaction of electronic data exchange by means of computer,mobile phone and other terminal devices,and the two parties of the contract are located in different countries(regions)or customs zones.Consumers in China mainly make cross-border e-consumer contracts through overseas acts as purchasing agency,overseas e-commerce sites,and all these are discussed in this article.Secondly,the definition and disadvantages of consumers in consumer contract are analyzed,and also the particularities of consumer’s legal status in the cross-border e-consumer contract are pointed out.The second chapter is the introduction of the system of right of withdrawal.First of all,the historical development of the concept of right of withdrawal in countries is briefly summarized.The right of withdrawal is defined as the right of the consumer to terminate the contract unconditionally,return the goods and demand the refund of thegoods within a certain period after the contract is established,and has five characteristics: statutory,unilateral,independent,timeliness,and unrequirability.Secondly,the nature of right of withdrawal is compared with other rights.Finally,combining with the characteristics of consumer contracts,the special legal status of consumers and the current development of commodity economy,it is important to analyze and establish and enforce the right of withdrawal.The third chapter is the analysis of the rule of right of withdrawal in consumer protection of cross-border e-consumer contract.Comparing the legislation of the EU,Britain,Germany,the United States and other regional organizations and countries on the right of withdrawal,we can know that most of the legislative regulations on the right of withdrawal are fully integrated,and in the United States,there also are complementary policies.In practice,the overseas e-commerce platforms are mainly based on the actual situation of the host country(region),respecting and implementing the relevant laws and regulations of the right of withdrawal,and will voluntarily give consumers more convenient return policy.The fourth chapter is the improvment of the system of right of withdrawal in consumer protection of cross-border e-consumer contract in China.First of all,there is introduction of the legislative regulation and practical application of right of withdrawal in China.Secondly,by comparing the different channels of establishing cross-border e-consumer contracts,this article analysis the applicable forms and dilemma of the right of withdrawal in cross-border e-consumer contract.Finally,the suggestions are to build a regional cooperation of consumer rights protection;to improve the system of right of withdrawal;to build supporting systems of right of withdrawal,such as no reason to return policy,the appropriate processing program of customs duty.