关键词: 消费者撤回权, 合同的拘束力, 意思表示, 经营自由, 弱者保护

Abstract:

How to balance the protection of customers' rights while encouraging operators to have a healthy development has become a major issue in the present society. From the perspective of international comparative law, endowing the customers with cooling-off is considered to be an effective resolution. Although the Law of the People's Republic of China on the Protection of Consumer Rights and Interests has introduced such rule into its overall framework, due to the lack of theory foundation, the interpretation of the relationship between a cooling-off period and the traditional civil law is not explicit and clear. Any interpretation discrepancy of the cooling-off period in the theory system will cause the foundation of the theory incompatible. Therefore, it is necessary to research the issues such as the clarification on the parties' behavioral patterns, the causes of the application of cooling-off, the completion of the agreement between the parties from contractual aspect, and the finding of foundation of legitimate of cooling-off. Such rule in the Japanese laws distinguishes in resolving the aforesaid issues, which may inspire and be referred to the cooling-off study in China.

Key words: cooling-off, binding force of contract, intention, free enterprise, protection of vulnerable group