Research On The Protection Of Consumer’s Right Of Withdrawal In Private Law In China

The rapid development of market economy has promoted the continuous innovation of consumption pattern.The emergence of new types of transactions puts forward higher requirements on how to use legal means to guarantee the effective exercise of rights.With the popularity of network consumption,it has created convenient conditions for consumers’lives.However,due to the virtual nature of remote transactions,consumers have a weak ability to receive information,and there are some obstacles in the freedom of meaning expression.The Law on the Protection of the Rights and Interests of Consumers promulgated and implemented in China in 2014 has for the first time establishment of Right of Withdrawal consumers in the context of remote sales in the form of legislation.However,the development of consumer withdrawal right system in China is still in the primary stage,and there are still some problems in the specific application of withdrawal right.Therefore,it is urgent to enrich and perfect the system of consumer withdrawal right in our country to systematize it.This paper is divided into five parts.The first part is an introduction.This paper mainly introduces the research background,purpose and significance of the research and domestic and foreign research status.The second part mainly introduces the overview of consumer withdrawal right.Analyze the concept and characteristics of the right of withdrawal,and clarify the legal attribute of the right of withdrawal.The third part firstly sorts out the development status of the right of withdrawal,and then discusses the problems existing in the protection of consumers’ right of withdrawal in private law in China from the perspectives of the lack of system,the narrow scope of application,the lack of unified standards for defining "integrity",the lack of clear rules and procedures for the exercise of rights,and the lack of provisions on operators’ obligation to inform.The fourth part mainly summarizes the system reference of bringing the consumer withdrawal right into the protection of private law by comparing the relevant system rules of foreign countries.The fifth part mainly introduces the legislative idea of the protection of consumers’ right to withdraw in private law in China.The fourth part mainly compares the relevant system rules of foreign countries,and summarizes the system reference of including the right of withdrawal of Chinese consumers into private law protection.The fifth part mainly introduces the legislative idea of private law protection of the consumer’s right of withdrawal in our country.It mainly includes the establishment of legislative ideas,the selection of legislative paths,and the refinement and improvement of specific rules,such as appropriately expanding the scope of application of rights,clarifying the scope of subjects,defining the uniform standards of "good" and "received",and improving the rules for exercising rights,refine the operator’s obligation to inform,restrict the abuse of rights,etc.,so as to establish a richer and complete consumer withdrawal right protection system.