德国消费者撤回权制度研究及启示

Research on the System of German Consumers' Right of Withdrawal

消费者撤回权突破了合同严守原则的理论,动摇了契约制度的理论基石,从形式上看背离了传统的私法原则和精神,其本质是对实质平等和自由的回归。德国"2014消法"对消费者撤回权的修订在一定程度上调整了原来侧重保护消费者的单向度立法原则和倾向,集中体现了其消费者撤回权立法技术的日益成熟与精湛。我国《消法》修改也引入了消费者"七日无理由退货权",既是对消费者安全权和知情权的保障,又是消费者选择权和救济权的直接体现,某种程度上说,此权是消费者权利中最有利的权利,是对消费者其他权利的综合与升华。对德国消费者撤回权制度进行深入研究和比较,可以为我国消费者撤回权制度的完善与发展提供良好借鉴。

The consumer＇ s fight of withdrawal, which has broken the theory of adherence to the contract and shaken the theoretical foundation of the contract system, is a return of equality and freedom in essence, though it seems deviated from the traditional principle and spirit of civil law. The German ＂2014 consumer law＂, which revised the consumer＇s fight of withdrawal, makes some adjustment to the original unilateral legislation principle of protecting consumers＇ right only and shows that the legislative technology of the consumer＇ s fight of withdrawal becomes increasingly mature and exquisite. The clause that consumers have the right of returning goods without reason within seven days was also introduced in the revised ＂Consumers Protection Law＂ of our country. It is not only the safeguard of the consumer＇ s right of security and fight to know, but also direct embodiment of the consumer＇ s right of choice and right of relief. To some extent, this right is the most beneficial one among consumer rights, and is a combination and sublimation of other rights of consumers. The research and comparison of German consumer＇ s fight of withdrawal system can provide a good reference for the improvement and development of the Chinese corresponding system.