The Perfection Of The System Of Consumer's Right Of Withdrawal In China

Since the reform and opening up,the protection of consumers' rights and interests caused by the rapid development of China's market economy has become increasingly prominent.With the development of e-commerce and the change of consumption mode,online shopping and TV shopping are becoming more and more popular.In the field of long-distance transaction,there will be problems such as information asymmetry,free will being hindered and irrational consumption.E-commerce platform takes the lead in launching the seven day no reason return system,but in actual operation,operators usually have the right to retract from consumers Make it limited.Some local laws and regulations gradually began to set up the similar system of consumers' unreasonable return under the mode of no store sales such as door-to-door sales and remote trading.However,due to the low level of legislative effect of local laws and regulations and the limited role they play,the contradiction between operators and consumers has not been alleviated.In 2014,Article 25 of the revised law of the people's Republic of China on the protection of the rights and interests of consumers(hereinafter referred to as the law on the protection of the rights and interests of consumers)added the "seven day return system without reason" under the network,television and other transaction modes,which established consumers' right of withdrawal in the form of law for the first time.This is a new system attempt of China's consumer rights and interests protection law,which has played a good role in protecting the legitimate rights and interests of consumers and promoting the development of Internet transactions.However,this system is not perfect enough,resulting in many disputes in the process of practical application.In 2017,the State Administration for Industry and Commerce issued the Interim Measures for seven days' no reason return of goods purchased online,which made detailed provisions on the seven days' no reason return system,clearer returnprocedures,specific provisions on controversial "other terms that are not suitable for return according to the nature of the goods",and clear standards for "returned goods should be kept in good condition";and The regulatory responsibility of network platform is stipulated,but there are still some problems in practice.The system of the right of withdrawal has not been implemented for a long time in China,and the relevant regulations are not perfect.First of all,the scope of application is too narrow.At present,Article 25 of the law of the people's Republic of China on the protection of consumers' rights and interests stipulates that the scope of application of the right of withdrawal is the goods in online shopping,TV shopping and other long-distance transactions,and there is no such transaction methods as door-to-door promotion and conference promotion.However,in practice,under the transaction modes of door-to-door promotion and conference promotion,consumers also have the problems of information asymmetry and irrational consumption,which cannot be accessed at present By other means.In China,consumers also have problems such as information asymmetry in service contracts.The number of complaints about Internet services is increasing year by year,but the service field has not been included in the scope of application of consumer's right of withdrawal.Therefore,it is necessary to include the methods of door-to-door sales and conference promotion into the scope of application of the right of withdrawal.Services should also be included in the right of withdrawal,but not all types of services are applicable to the right of withdrawal,and the types of services not applicable to the right of withdrawal should be excluded.Secondly,due to the different nature of service and goods,the rules for the exercise of the right of withdrawal should be made clear.It's not clear which party should bear the first freight in the case of operator's parcel.There is a big dispute in practice.It should be clear that the first freight in the case of operator's parcel should be borne by the operator.Because of the systematicness and complexity of the system of the right of withdrawal in our country,there is a lack of the provisions of the obligation to inform the operators of the right of withdrawal,and there are obstacles for consumers to exercise the right of withdrawal.It is helpful to stipulate the duty of informing the manager of the right of withdrawal,to make clear the form,content,time of the notification and the legal consequences of the failure to fulfill the duty of informing the manager of the right of withdrawal,and to help theconsumer to exercise the right of withdrawal.At present,China needs to speed up the improvement of the system of the right of withdrawal,so that it can better integrate with China's national conditions,balance the contradictions between operators and consumers,promote the development of the market economy,and better serve the people's lives.