论我国消费者撤回权的适用条件
发布时间：2018-09-02 09:11
【摘要】：随着电商的迅速发展,以网络、电视、邮寄购物为代表的非传统购物形式逐渐成为人们购物的主流形式。但是,这些新型购物方式本身的特质决定了经营者和消费者之间将会存在较大的信息不对等,消费者很容易因为难以全面了解商品信息而出现冲动购物的情况。为此,我国于2014年3月15日正式施行新修订的《中华人民共和国消费者权益保护法》,其第25条首次在国家层面上对消费者撤回权进行了规定。尽管我国已经在法律层面上给予消费者撤回权正式的保护,但因为撤回权适用条件存在不足,所以对该权利的运行起到一些阻碍作用。因此,本文将对消费者撤回权的适用条件进行论述,分析其适用条件目前存在的问题,并对此提出解决问题的建议。本文由三个部分构成:第一部分“消费者撤回权制度概述”,首先是以该制度发展得比较早的英国和德国为例,阐述消费者撤回权制度最先发展的历史;其次介绍该制度在我国的发展背景以及撤回权适用条件所经历的历史沿革。第二部分“我国消费者撤回权制度存在的问题”,分析我国消费者撤回权适用条件规定的不足即适用范围过窄、期间起算规定不明确、退货规定不完善、未详细规定经营者的告知义务等问题。第三部分“我国消费者撤回权制度的完善”。该部分主要针对第二部分所列举的问题,探讨对消费者撤回权适用条件的完善。1、在适用范围完善方面,建议明确将上门推销方式纳入其保护范围内;2、期间起算的规定方面,需要明确起算点并建议将其与经营者的告知义务相挂钩;3、在退货规定方面,提出商品“完好”的标准,且在费承担方面认为需要让消费者承担包邮商品的部分首次运费;对不可退货商品需要增列一些特殊商品产品,并建议规定金额起点;4、最后是细化规定经营者的告知义务,建议规定比较详细的告知内容以及形式。
[Abstract]:With the rapid development of e-commerce, non-traditional shopping forms, such as network, television and mail shopping, have gradually become the mainstream form of people's shopping. However, the characteristics of these new shopping methods determine that there will be a large information asymmetry between the operator and the consumer, and it is easy for consumers to make impulsive shopping because it is difficult to fully understand the commodity information. Therefore, the newly revised Consumer Rights and interests Protection Law of the people's Republic of China was formally put into effect on March 15, 2014. Article 25 of the Law stipulates the right of consumers to withdraw at the national level for the first time. Although our country has given consumers the formal protection of the right to withdraw from the legal level, but because of the lack of applicable conditions of the right of withdrawal, it has some obstacles to the operation of the right. Therefore, this paper will discuss the applicable conditions of consumers' right of withdrawal, analyze the problems existing in the conditions of application, and put forward some suggestions to solve the problems. This paper is composed of three parts: the first part is "Overview of the system of consumers' right to withdraw". Firstly, taking the early development of the system for example in Britain and Germany, this paper expounds the history of the first development of the system of consumers' right of withdrawal; Secondly, it introduces the development background of the system in China and the historical evolution of the applicable conditions of the right of withdrawal. The second part is "the problems existing in the system of consumers' right of withdrawal in our country". It analyzes the deficiency of the applicable conditions of the right of withdrawal of consumers in our country, that is, the scope of application is too narrow, the provisions of starting calculation during the period are not clear, and the regulations of returning goods are not perfect. No detailed provisions of the operator's obligation to inform, and other issues. The third part is the consummation of the system of consumers' right of withdrawal in our country. This part mainly aims at the problems listed in the second part, and probes into the perfection of the applicable conditions for consumers' right of withdrawal. In terms of the perfection of the scope of application, it is suggested that the way of door-to-door sales be included in the scope of protection and the provisions of the period beginning to be counted. It is necessary to make clear the starting point and suggest to link it with the operator's obligation of notification. In terms of return regulations, the standard of "integrity" of commodities should be put forward, and the consumer should bear part of the first freight of goods shipped by package in the aspect of fee bearing. It is necessary to add some special commodity products to non-returnable goods, and propose the starting point of the amount of money. Finally, the obligation of informing the operators should be specified, and the contents and forms of notification should be stipulated in more detail.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2218904
[Abstract]:With the rapid development of e-commerce, non-traditional shopping forms, such as network, television and mail shopping, have gradually become the mainstream form of people's shopping. However, the characteristics of these new shopping methods determine that there will be a large information asymmetry between the operator and the consumer, and it is easy for consumers to make impulsive shopping because it is difficult to fully understand the commodity information. Therefore, the newly revised Consumer Rights and interests Protection Law of the people's Republic of China was formally put into effect on March 15, 2014. Article 25 of the Law stipulates the right of consumers to withdraw at the national level for the first time. Although our country has given consumers the formal protection of the right to withdraw from the legal level, but because of the lack of applicable conditions of the right of withdrawal, it has some obstacles to the operation of the right. Therefore, this paper will discuss the applicable conditions of consumers' right of withdrawal, analyze the problems existing in the conditions of application, and put forward some suggestions to solve the problems. This paper is composed of three parts: the first part is "Overview of the system of consumers' right to withdraw". Firstly, taking the early development of the system for example in Britain and Germany, this paper expounds the history of the first development of the system of consumers' right of withdrawal; Secondly, it introduces the development background of the system in China and the historical evolution of the applicable conditions of the right of withdrawal. The second part is "the problems existing in the system of consumers' right of withdrawal in our country". It analyzes the deficiency of the applicable conditions of the right of withdrawal of consumers in our country, that is, the scope of application is too narrow, the provisions of starting calculation during the period are not clear, and the regulations of returning goods are not perfect. No detailed provisions of the operator's obligation to inform, and other issues. The third part is the consummation of the system of consumers' right of withdrawal in our country. This part mainly aims at the problems listed in the second part, and probes into the perfection of the applicable conditions for consumers' right of withdrawal. In terms of the perfection of the scope of application, it is suggested that the way of door-to-door sales be included in the scope of protection and the provisions of the period beginning to be counted. It is necessary to make clear the starting point and suggest to link it with the operator's obligation of notification. In terms of return regulations, the standard of "integrity" of commodities should be put forward, and the consumer should bear part of the first freight of goods shipped by package in the aspect of fee bearing. It is necessary to add some special commodity products to non-returnable goods, and propose the starting point of the amount of money. Finally, the obligation of informing the operators should be specified, and the contents and forms of notification should be stipulated in more detail.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
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