Research On The Application Of Consumer's Right Of Rescission

Article 25 of the newly revised law in 2014 stipulates that consumers who purchase goods in certain specific ways enjoy the right to back out,and consumers can exercise the system of returning goods without reason within 7 days after receiving them.The new consumer rights and interests protection law was officially implemented on March 15,2014.With the emergence of major online shopping platforms,the competition becomes increasingly fierce.In addition,in the Internet era,the awareness of the young generation of consumers' right to safeguard their rights is generally improved.However,with the continuous improvement of living standards,In the shopping way domain such as telephone shopping,mail order,because the operator provides the business place and the contact way to be inferior to the network shopping intuitionistic,simply applies "the consumer rights and interests protection law" in the simple period to exist the practical difficulty.In addition,in recent years,the abuse of the right of rescission has become a new subject of reasonable restriction of the right of rescission.The purpose of this paper is to study the application of law of consumers' right of rescission.From the study of nature and the legal basis of right of rescission,in combination with consumers' right of rescission on our word right legal application present situation and the defects in our country,it is concluded that Chinese consumers' right of rescission on our word right legal system there is a smaller scope,during the exercise the rules need to be perfect,and lack of right to regret of legal regulation of the abuse of defects,such as the right of foreign consumers' right of rescission on our word on the basis of the analysis of legal application,it is concluded that can draw lessons from the system design,the applicable law to our country consumers' right of rescission on our word right countermeasures and Suggestions are put forward.This paper is divided into four parts.The first part is the related overview of consumers' right of rescission,which mainly introduces and analyzes consumers'right of rescission.Expound the legal basis of consumers' right of rescission;The second part summarizes and sorts out the existing deficiencies according to the current situation of the legal regulation of consumers' right of rescission.The third part analyzes the relevant systems of some countries and regions outside the region and draws some useful experiences.The fourth part puts forward some Suggestions to improve the law application of the right of retrogression:that is,to expand the scope of application of the right of retrogression,to improve the exercise period of the right of retrogression,and to restrict and supervise the abuse of the right of retrogression,so as to better protect the legitimate rights and interests of consumers and prosper the socialist market economy.