消费者无理由退货权研究
发布时间：2019-07-05 14:59
【摘要】：消费者无理由退货权是新纳入我国《消费者权益保护法》的一项消费者权利,它赋予了消费者对已缔结合同的单方面解除权,保证消费者在购买商品时体现其真实意愿,这项权利,保障了消费者与经营者之间利益的平衡,在实际生活中发挥着举足轻重的作用。虽然消费者的无理由退货权由来以久,在我国理论界早有提及,甚至也已在实践中存在,但新消法出台以后才在我国真正确立起来。消费者无理由退货权的确立在我国消费者权益保护中意义重要而深远。但由于现行法规本身与我国现实的贴合度不够紧密,立法者对该项权利的设立不够详尽,使之解决现实问题遇到诸多困境。笔者通过本文对消费者无理由退货权的法律现状及实践现状进行了考察,并对该权利规定进行了思考,以求对我国消费者无理由退货权的完善提供些许帮助。文章通过实际案例,引出问题。带着这些问题,文章对实践现状作了具体详细的考察,试图挖掘出产生问题的根源。在探究的过程中,发现由于该制度在除外规定上较为模糊、对商品的完好标准较为笼统、对经营者寄出运费的负担没有规定,诸如此类不明确的规定,引发了诸多的消费者和经营者之间的矛盾,导致纠纷的产生。通过对上述问题的分析与论证,笔者认为,我国消费者无理由退货权的完善可以从发掘造成这些问题的原因出发,找到一个适合我国国情的无理由退货的解决方法,对细化我国消费者无理由退货权提出完善建议,以及如何做好消费者无理由退货权完善后的相关的保障工作,使之在保护消费者权益方面,以及消费者与经营者利益平衡方面发挥更好的作用。具体做法是,建议在法律规定上改变模糊不清的现状,使之更为具体,建立消费者诚信机制,加入惩罚性规定等。
[Abstract]:The right of the consumer to return the right to return is a new consumer's right to be included in the Law on the Protection of the Rights and Interests of the Consumer, which gives the consumer the right to unilaterally terminate the contract and to ensure that the consumer embodies his true will in the purchase of the goods, The balance of the interests between the consumer and the operator is ensured, and plays an important role in the actual life. Although there is no reason for the consumer to return the right to return for a long time, it has been mentioned in the theory circle in our country, and even existed in practice. The establishment of consumer's right to return has significant and far-reaching significance in the protection of consumer's rights and interests in our country. However, due to the fact that the existing regulations are not in close contact with the reality of our country, the establishment of the right is not thorough enough to make it solve the problems of reality. In this paper, the present situation of the law and practice of the consumer's right to return has been investigated, and the provisions of this right have been pondered in order to provide some help to the perfection of the right to return the consumer. In this paper, the problem is educed through the practical case. With these problems, the paper makes a detailed investigation on the present situation, and tries to find out the source of the problem. In the course of inquiry, it is found that because the system is more vague in the other provisions, the good standard of the commodity is more general, the burden of sending the freight to the operator is not specified, and the like is not clear, and the contradiction between the consumer and the operator is caused. Resulting in the creation of a dispute. Through the analysis and demonstration of the above-mentioned problems, the author believes that the perfection of the right to return the goods in our country can be based on the cause of these problems, and find a solution to the non-reason return for our country's national conditions. In order to improve the consumer's rights and interests, the consumer can play a better role in protecting the rights and interests of consumers, as well as the balance between the consumers and the operators. On the other hand, it is suggested to change the current situation of the ambiguity in the legal provisions, make it more specific, establish the consumer's credit mechanism, and join the punitive provisions.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2510608
[Abstract]:The right of the consumer to return the right to return is a new consumer's right to be included in the Law on the Protection of the Rights and Interests of the Consumer, which gives the consumer the right to unilaterally terminate the contract and to ensure that the consumer embodies his true will in the purchase of the goods, The balance of the interests between the consumer and the operator is ensured, and plays an important role in the actual life. Although there is no reason for the consumer to return the right to return for a long time, it has been mentioned in the theory circle in our country, and even existed in practice. The establishment of consumer's right to return has significant and far-reaching significance in the protection of consumer's rights and interests in our country. However, due to the fact that the existing regulations are not in close contact with the reality of our country, the establishment of the right is not thorough enough to make it solve the problems of reality. In this paper, the present situation of the law and practice of the consumer's right to return has been investigated, and the provisions of this right have been pondered in order to provide some help to the perfection of the right to return the consumer. In this paper, the problem is educed through the practical case. With these problems, the paper makes a detailed investigation on the present situation, and tries to find out the source of the problem. In the course of inquiry, it is found that because the system is more vague in the other provisions, the good standard of the commodity is more general, the burden of sending the freight to the operator is not specified, and the like is not clear, and the contradiction between the consumer and the operator is caused. Resulting in the creation of a dispute. Through the analysis and demonstration of the above-mentioned problems, the author believes that the perfection of the right to return the goods in our country can be based on the cause of these problems, and find a solution to the non-reason return for our country's national conditions. In order to improve the consumer's rights and interests, the consumer can play a better role in protecting the rights and interests of consumers, as well as the balance between the consumers and the operators. On the other hand, it is suggested to change the current situation of the ambiguity in the legal provisions, make it more specific, establish the consumer's credit mechanism, and join the punitive provisions.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
【参考文献】
相关期刊论文 前1条
1 刘杨;李文博;;后悔权的合理性分析[J];知识经济;2010年17期
，本文编号：2510608
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