论我国消费者撤回权制度的完善-on the perfection of chinas consumer withdrawal right system.docxVIP

AbstractWith the development of society, consumer?s structural weakness relative to the operator becoming clear and the consumer?s freedom of intent-indication is more and more vulnerable to interfere by the operator. The principle of freedom of contract advocated by the classical contract theory is also increasingly unable to adapt to the changes of the situation, and progressively roads to formal freedom and justice. It is increasingly deviated from the essence of the principle of freedom of contract, which was amended by the new-classical contract theory to start to return the real freedom of contract and the substance of contractual justice. Consumer right of withdrawal emerges as the rise of this new contract theory, the purpose of which is to allow consumers and operators to achieve real freedom of contract and substantive contractual justice. Since the system of consumer right of withdrawal is created firstly by some countries, the system began to influence all over the world. As far as so far, the system of consumers right of withdrawal has been greatly improved, with Germany and the European Union?s contribution in this regard is particularly remarkable. At present, China?s new Consumer Protection Act (hereinafter referred to as new consumer law) had established consumer right of withdrawal. But the construction of the system is still very rough, and Germany and EU mature consumers right of withdrawal system will not doubt provide a great reference value for our country. This paper will be presented from the following four parts:The first part: I commented on the formation and decline of classic contractual theory, and the rise of the new-classical contract theory, designing to reveal the principle of freedom of contract advocated by classical contract theory is an almost unlimited freedom of contract. Then I followed the trend to reflect that the almost unlimited freedom of contract had difficulty to adapt to changes in the situation and evolved into a for