| The revised Consumer Rights and Interests Protection Law on March 15,2014 added provisions on the consumers’ right of rescission,which solves the problem of poor experience of consumers to a large extent in online shopping and plays a positive role in protecting the rights and interests of consumers.Therefore,the progressive significance of this system is obvious.However,under the background of rapid development of network technology and the continuous upgrading of the Internet industry ecology,many new consumption patterns have emerged in the network in the 6 years from 2014 to present,and the application of these new consumption patterns has also generated many disputes.However,in contrast to the system of consumers’ right of rescission,there are more and more problems in the application of the law exposed in judicial practice,mainly because the courts have many unreasonable points in the application of the law in the trial of consumer’s rescission cases,which has greatly affected the protection of consumers’ rights and interests.In response to such problems,this paper reflects on three cases of consumers’ right of rescission,and then makes some in-depth reflections on the irrationality in the application of the law in the current cases of consumers’ right of rescission,and summarizes the controversial points that are prone to misunderstanding in the application of the law.These controversial points are mainly manifested in the differences in the court’s understanding of the applicable conditions of consumers’ right of rescission,which is the main reason for the unreasonable application of laws in consumers’ right of rescission cases and the phenomenon of different judgments in the same case.In response to such problems,this paper proposes that the Supreme People’s Court should give a supplementary explanation to the conditions for the exercise of consumers’ right of rescission and the scope of exclusion,and give an explanation scheme to the controversial points that are prone to different understandings,so as to make the legal relationship clearer.In this way,the judicial organs can apply the law more accurately,which will be greatly reducing the unreasonable application of the law in consumers’ right of rescission cases. |
