论消费者的后悔权
发布时间：2018-08-05 17:25
【摘要】：2009年6月11日的广州日报刊登了文章《买房买车有望获后悔权》,彼时起后悔权这一名词便真正进入公众视野。据报载2008年10月《消费者权益保护法》就已列入全国人大常委会立法规划,这意味着《消费者权益保护法》将迎来制定以来的第一次大修订,这次大修订中,除了扩大消费品范围这一重点外,是否在消费者与经营者的交易中增加消费者后悔权这一项,更是成为了如今社会上人们的关注焦点。 消费者的后悔权即无条件退货,细看之下我国现有的法律在退货方面,绝大多数是有条件退货,只有少数几个地区规定了无条件退货制度,所以目前的情况是在无条件退货方面的问题并没有在全国范围内适用的法律法规。它只是体现在一些地方性规范或者条例中,比如上海的《上海市消费者权益保护条例》和江苏省的《流通领域食品销售者经营行为规范指引》等。 相比之下,国外一些国家的后悔权制度方面的法律规定要成熟很多,所以有必要借鉴国外先进的关于后悔权的规定,结合我国在消费者退货方面的现有规定和社会历史情况来架构我国关于后悔权的制度。
[Abstract]:On June 11, 2009, Guangzhou Daily published an article entitled "the right to regret buying a house and buying a car", and since then the term "right of regret" has really come into the public eye. It has been reported that the Consumer Rights and interests Protection Law was included in the legislative plan of the standing Committee of the National people's Congress in October 2008, which means that the Law on the Protection of Consumer Rights and interests will usher in the first major revision since its enactment. Apart from expanding the scope of consumer goods, whether to increase the right of consumer regret in the transaction between consumers and operators has become the focus of attention in the society today. Consumers' right of regret is unconditional return. In terms of return, most of the existing laws in China are conditional returns. Only a few regions have stipulated an unconditional return system. So the current situation is that there are no nationwide laws and regulations applicable to unconditional returns. It is only embodied in some local norms or regulations, such as the Shanghai Municipal regulations on the Protection of consumers' Rights and interests and the Jiangsu Province's guidelines on the operational Conduct of Food sellers in the Field of Circulation, and so on. In contrast, the legal provisions on the system of regret rights in some foreign countries are much more mature, so it is necessary to learn from the advanced foreign provisions on the right to regret. Combining with the existing regulations and social historical situation of consumer return in our country, this paper constructs the system of regret right in our country.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.8
本文编号：2166474
[Abstract]:On June 11, 2009, Guangzhou Daily published an article entitled "the right to regret buying a house and buying a car", and since then the term "right of regret" has really come into the public eye. It has been reported that the Consumer Rights and interests Protection Law was included in the legislative plan of the standing Committee of the National people's Congress in October 2008, which means that the Law on the Protection of Consumer Rights and interests will usher in the first major revision since its enactment. Apart from expanding the scope of consumer goods, whether to increase the right of consumer regret in the transaction between consumers and operators has become the focus of attention in the society today. Consumers' right of regret is unconditional return. In terms of return, most of the existing laws in China are conditional returns. Only a few regions have stipulated an unconditional return system. So the current situation is that there are no nationwide laws and regulations applicable to unconditional returns. It is only embodied in some local norms or regulations, such as the Shanghai Municipal regulations on the Protection of consumers' Rights and interests and the Jiangsu Province's guidelines on the operational Conduct of Food sellers in the Field of Circulation, and so on. In contrast, the legal provisions on the system of regret rights in some foreign countries are much more mature, so it is necessary to learn from the advanced foreign provisions on the right to regret. Combining with the existing regulations and social historical situation of consumer return in our country, this paper constructs the system of regret right in our country.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.8
【参考文献】
相关期刊论文 前2条
1 李蓓;;中外冷静期法规比较研究[J];当代经理人;2006年04期
2 迟颖;;论德国法上以保护消费者为目的之撤回权[J];政治与法律;2008年06期
相关硕士学位论文 前1条
1 曲珍英;合同撤销权问题研究[D];山东大学;2005年
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