我国消费者退货权制度研究
发布时间：2018-12-21 13:04
【摘要】：《消法》中规定的消费者享有的退货权利是社会经济发展的产物,是保障消费者合法权益的重要手段。与一些立法相对比较发达的欧美国家相比,我国对消费者合法权益的保护水平亟待提高。所以,法律明确赋予消费者退货的权利对于提高我国消费者保护的整体水平具有重大意义。本文拟对消费者退货权基础理论进行探讨,并重点对2013年新《消法》引入的“非传统销售模式下消费者的无理由退货权,,以及国家经济贸易委员会、国家技术监督局、国家工商行政管理局、财政部于1995年8月25日联合发布的《部分商品修理更换退货责任规定》中“退货折旧费规定”这两个规定进行具体的研究和分析,最后在此基础上比较欧盟、美国的相关制度,并结合我国国情和现实情况对退货权保障制度提出相关的完善建议。除去引言和结语外,全文一共分为四章：第一章论述了消费者退货权的基础理论。本章主要对消费者退货权的概念、法律性质以及作用进行了阐述,除此以外,还对与易混淆的相关权利进行了辨析,在此基础上展开对非传统销售模式下消费者无理由退货权以及退货折旧费规制的问题进行讨论。第二章具体分析了非传统销售模式下消费者的无理由退货权规定。本章主要在非传统销售模式下消费者无理由退货权的概念、主要内容、适用范围等问题的基础上,讨论了消费者在非传统销售模式下行使无理由退货权所面临退货商品受经营者自定条款限制、退货时运费的承担以及“微商”经营有碍消费者难以保障消费者无理由退货权的行使、消费者滥用无理由退货权损害经营者合法权益的现实问题。第三章讨论了退货权制度中“退货折旧费规制”。本章主要从“退货折旧费规制”确定的折旧率标准缺乏合理性、内容缺乏科学性以及其规定与我国相关法律立法宗旨相悖三个角度来否定该项规制,认为应当将这一规定从相关法律法规中剔除的观点。第四章提出了对我国消费者退货权的完善建议。本章主要提出了构建我国消费者退货权的具体内容和完整的法律体系、细化非传统销售模式下消费者无理由退货权的行使规则、废除“退货折旧费规制”的相关规定以及建立相关机制防止消费者滥用退货权四个方面的完善建议,以期提高我国法律对消费者的保护水平。
[Abstract]:The right to return goods enjoyed by consumers in the Consumer Law is the product of social and economic development and an important means to protect the legitimate rights and interests of consumers. Compared with some European and American countries whose legislation is relatively developed, the level of protecting consumers' legitimate rights and interests needs to be improved. Therefore, it is of great significance for the law to give consumers the right to return goods in order to improve the overall level of consumer protection in our country. This paper intends to discuss the basic theory of consumers' right to return goods, with emphasis on the "unjustified right of return of consumers under non-traditional sales mode" introduced in the new "Consumer Law" in 2013, as well as the State Economic and Trade Commission, the State Administration of Technical Supervision, the State Economic and Trade Commission, and the State Bureau of Technical Supervision. The State Administration for Industry and Commerce and the Ministry of Finance jointly issued on August 25, 1995, the provisions on the liability for repair, replacement, and return of some Commodities. These two provisions, "provisions on depreciation expenses for returning goods," are specifically studied and analyzed. Finally, this paper compares the relevant systems of the EU and the United States, and puts forward some suggestions on how to improve the guarantee system of the right to return goods according to the situation and reality of our country. In addition to the introduction and conclusion, the full text is divided into four chapters: the first chapter discusses the basic theory of consumers' right to return goods. This chapter mainly expounds the concept, legal nature and function of consumers' right to return goods. In addition, it also discriminates and analyzes the relevant rights which are easily confused. On this basis, the problems of consumers' right to return goods without reason and the regulation of depreciation fee under non-traditional sales mode are discussed. The second chapter analyzes the non-traditional sales model of consumers without reason to return the provisions. This chapter is mainly based on the concept, main content, scope of application and other issues of consumers' right to return goods without reason under the non-traditional mode of sale. This paper discusses that the right to return goods faced by consumers who exercise the right to return goods without reason under the non-traditional mode of sale is restricted by the self-determined clauses of the operator. The assumption of freight and the operation of "small business" hinder the consumers' exercise of the right to return goods without reason, and consumers abuse the right to return goods without reason to harm the legitimate rights and interests of the operators. Chapter three discusses the regulation of depreciation fee in the system of right to return goods. This chapter mainly negates this regulation from three angles: the standard of depreciation rate determined by "regulation of depreciation fee for returning goods" is lack of rationality, the content is lack of scientific nature and its provisions run counter to the purpose of relevant laws and legislation of our country. The view that this provision should be removed from the relevant laws and regulations. The fourth chapter put forward the consummation suggestion to our country consumer return goods right. This chapter mainly puts forward the concrete content and the complete legal system of constructing the right to return goods to consumers in our country, and refines the exercise rules of consumers' right of return without reason under the non-traditional mode of sale. In order to improve the level of consumer protection by law, we should abolish the relevant regulations of "regulation of depreciation fee for returning goods" and establish relevant mechanism to prevent consumers from abusing the right to return goods.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2388946
[Abstract]:The right to return goods enjoyed by consumers in the Consumer Law is the product of social and economic development and an important means to protect the legitimate rights and interests of consumers. Compared with some European and American countries whose legislation is relatively developed, the level of protecting consumers' legitimate rights and interests needs to be improved. Therefore, it is of great significance for the law to give consumers the right to return goods in order to improve the overall level of consumer protection in our country. This paper intends to discuss the basic theory of consumers' right to return goods, with emphasis on the "unjustified right of return of consumers under non-traditional sales mode" introduced in the new "Consumer Law" in 2013, as well as the State Economic and Trade Commission, the State Administration of Technical Supervision, the State Economic and Trade Commission, and the State Bureau of Technical Supervision. The State Administration for Industry and Commerce and the Ministry of Finance jointly issued on August 25, 1995, the provisions on the liability for repair, replacement, and return of some Commodities. These two provisions, "provisions on depreciation expenses for returning goods," are specifically studied and analyzed. Finally, this paper compares the relevant systems of the EU and the United States, and puts forward some suggestions on how to improve the guarantee system of the right to return goods according to the situation and reality of our country. In addition to the introduction and conclusion, the full text is divided into four chapters: the first chapter discusses the basic theory of consumers' right to return goods. This chapter mainly expounds the concept, legal nature and function of consumers' right to return goods. In addition, it also discriminates and analyzes the relevant rights which are easily confused. On this basis, the problems of consumers' right to return goods without reason and the regulation of depreciation fee under non-traditional sales mode are discussed. The second chapter analyzes the non-traditional sales model of consumers without reason to return the provisions. This chapter is mainly based on the concept, main content, scope of application and other issues of consumers' right to return goods without reason under the non-traditional mode of sale. This paper discusses that the right to return goods faced by consumers who exercise the right to return goods without reason under the non-traditional mode of sale is restricted by the self-determined clauses of the operator. The assumption of freight and the operation of "small business" hinder the consumers' exercise of the right to return goods without reason, and consumers abuse the right to return goods without reason to harm the legitimate rights and interests of the operators. Chapter three discusses the regulation of depreciation fee in the system of right to return goods. This chapter mainly negates this regulation from three angles: the standard of depreciation rate determined by "regulation of depreciation fee for returning goods" is lack of rationality, the content is lack of scientific nature and its provisions run counter to the purpose of relevant laws and legislation of our country. The view that this provision should be removed from the relevant laws and regulations. The fourth chapter put forward the consummation suggestion to our country consumer return goods right. This chapter mainly puts forward the concrete content and the complete legal system of constructing the right to return goods to consumers in our country, and refines the exercise rules of consumers' right of return without reason under the non-traditional mode of sale. In order to improve the level of consumer protection by law, we should abolish the relevant regulations of "regulation of depreciation fee for returning goods" and establish relevant mechanism to prevent consumers from abusing the right to return goods.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
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