“购物返券”促销中的民事法律问题研究
发布时间：2018-09-11 14:58
【摘要】：“购物返券”促销作为一种新型的促销方式,在国内各大中型城市的零售业的发展历史并不是很长,尚不是一种成熟的促销方式。由于其具有价格幻觉效应、返券漏出效果以及补缺购买效果,使得“购物返券”这一促销方式被众多经营者所亲赖。然而,“购物返券”促销的出现和盛行,亦暴露出许多问题,经营者为了更好地利用“购物返券”促销模式进行营利,设定了许多特殊的“游戏规则”,诸如对“券”的使用设定诸多的限制性条件来限制消费者的公平交易权和自由选择权等合法权益,通过不明确促销活动范围、名为降价实为涨价、超额返券等具有欺骗、诱导性的行为侵犯消费者的知情权、意思自由等等。然而消费者却懵然不知,误以为自己占到便宜而沾沾自喜,甚至让消费者产生不返券则不购物的理念,认为只有返券才能买到物美价廉的商品,谁的返券额度高谁的商品就好。原本以质量为销售导向的市场秩序遭到破坏,大量违背诚实信用原则、公平原则、等价有偿原则等合同法基本原则的违法行为大量存在。因此,从民法角度对购物返券促销进行全面分析,让消费者清晰的认识到购物返券促销以及促销过程中出现的诸多的违法行为的实质很有必要。 本文共分为五个部分。第一部分首先对“购物返券”的基本涵义进行解析；然后通过与其他相似的促销种类进行区分,避免理解上的含混；最后对“购物返券”这一促销所特有的效果进行阐述,以方便下文对“购物返券”促销作更加深入的研究。 第二部分通过对目前学界已有的关于“购物返券”促销性质的学术观点进行阐述与评析,从而得出结论：“购物返券”促销微观层面上在经营者与消费者之间形成买卖合同关系,返券是买卖合同中的价格条款,“券”是一种权利凭证；在宏观层面上,“购物返券”促销不属于附赠式有奖销售,而只是一种普通的促销方式。 第三部分首先对“购物返券”促销合同中常见的限制性条款进行总结,并认定为格式条款,然后从合同订立时以及合同订立后两个方面对这些限制性条款进行法律效力上的分析。 第四部分揭示了在“购物返券”促销中常见的诱导性行为,从根本上进行剖析得出其民事欺诈行为的实质,并对其引起的法律后果从《合同法》与《侵权责任法》两个方面进行全面分析。 第五部分主要是针对“购物返券”促销的调整从宏观与微观两个方面提出自己的立法建议。
[Abstract]:As a new type of promotion, the history of retail sales in domestic large and medium-sized cities is not very long and is not yet a mature way of promotion. Because of its price illusion effect, the effect of coupon leakage and the effect of making up for the purchase, the promotion method of "shopping rebate" has been relied on by many operators. However, the emergence and prevalence of "shopping voucher" promotion also exposed many problems. In order to make better use of the "shopping voucher" promotion model for profit, operators have set up many special "rules of the game". Such as setting many restrictive conditions on the use of "coupons" to restrict consumers' legitimate rights and interests such as the right to fair trade and the right to choose freely. By not defining the scope of promotional activities, it is called "price reduction is in fact a rise in price", and excessive return of coupons is deceptive. Inductive behavior infringes consumers' right to know, freedom of will and so on. However, consumers do not know that they take advantage of themselves and complacency, and even let consumers produce the concept of not returning coupons, not shopping, think that only coupons can buy good and cheap goods, who has a higher amount of coupons is good. The market order, originally oriented by quality, has been destroyed, and a large number of illegal acts have been committed in violation of the basic principles of contract law, such as the principle of good faith, the principle of fairness and the principle of equal compensation. Therefore, from the perspective of civil law, it is necessary to make a comprehensive analysis of the promotion of shopping rebate, so that consumers can clearly understand the essence of many illegal activities in the process of promotion. This paper is divided into five parts. The first part first analyzes the basic meaning of "shopping coupons"; then distinguishes them from other similar types of promotions to avoid ambiguity; finally, expounds the unique effect of "shopping coupons" promotion. In order to facilitate the following "shopping coupon" promotion for a more in-depth study. In the second part, the author expounds and comments on the academic viewpoints on the nature of "shopping voucher" promotion. The conclusion is as follows: the relationship of purchase and sale contract between the operator and the consumer is formed on the micro level of the promotion of "shopping voucher", which is the price clause in the contract of purchase and sale, and the "voucher" is a kind of certificate of right; on the macro level, it is a kind of voucher. The purchase coupon promotion is not a complimentary sale, but an ordinary promotion. The third part summarizes the common restrictive clauses in the sales promotion contract of "shopping rebate", and considers them as format clauses. Then it analyzes the legal effect of these restrictive clauses from the time of conclusion of contract and the latter two aspects of conclusion of contract. The fourth part reveals the common inductive behavior in the promotion of "shopping voucher", and finds out the essence of the civil fraud. The legal consequences are analyzed from two aspects: contract Law and Tort liability Law. In the fifth part, the author puts forward his own legislative suggestions from macro and micro aspects in view of the adjustment of "shopping rebate" promotion.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923
本文编号：2237024
[Abstract]:As a new type of promotion, the history of retail sales in domestic large and medium-sized cities is not very long and is not yet a mature way of promotion. Because of its price illusion effect, the effect of coupon leakage and the effect of making up for the purchase, the promotion method of "shopping rebate" has been relied on by many operators. However, the emergence and prevalence of "shopping voucher" promotion also exposed many problems. In order to make better use of the "shopping voucher" promotion model for profit, operators have set up many special "rules of the game". Such as setting many restrictive conditions on the use of "coupons" to restrict consumers' legitimate rights and interests such as the right to fair trade and the right to choose freely. By not defining the scope of promotional activities, it is called "price reduction is in fact a rise in price", and excessive return of coupons is deceptive. Inductive behavior infringes consumers' right to know, freedom of will and so on. However, consumers do not know that they take advantage of themselves and complacency, and even let consumers produce the concept of not returning coupons, not shopping, think that only coupons can buy good and cheap goods, who has a higher amount of coupons is good. The market order, originally oriented by quality, has been destroyed, and a large number of illegal acts have been committed in violation of the basic principles of contract law, such as the principle of good faith, the principle of fairness and the principle of equal compensation. Therefore, from the perspective of civil law, it is necessary to make a comprehensive analysis of the promotion of shopping rebate, so that consumers can clearly understand the essence of many illegal activities in the process of promotion. This paper is divided into five parts. The first part first analyzes the basic meaning of "shopping coupons"; then distinguishes them from other similar types of promotions to avoid ambiguity; finally, expounds the unique effect of "shopping coupons" promotion. In order to facilitate the following "shopping coupon" promotion for a more in-depth study. In the second part, the author expounds and comments on the academic viewpoints on the nature of "shopping voucher" promotion. The conclusion is as follows: the relationship of purchase and sale contract between the operator and the consumer is formed on the micro level of the promotion of "shopping voucher", which is the price clause in the contract of purchase and sale, and the "voucher" is a kind of certificate of right; on the macro level, it is a kind of voucher. The purchase coupon promotion is not a complimentary sale, but an ordinary promotion. The third part summarizes the common restrictive clauses in the sales promotion contract of "shopping rebate", and considers them as format clauses. Then it analyzes the legal effect of these restrictive clauses from the time of conclusion of contract and the latter two aspects of conclusion of contract. The fourth part reveals the common inductive behavior in the promotion of "shopping voucher", and finds out the essence of the civil fraud. The legal consequences are analyzed from two aspects: contract Law and Tort liability Law. In the fifth part, the author puts forward his own legislative suggestions from macro and micro aspects in view of the adjustment of "shopping rebate" promotion.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923
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