A Study Of Consumer Protection Under The Perspective Of International Law

The international characteristic of international consumer law is reflected in itsusing of comparative method. As the problems are similar and as consumer law, beinga new domain, it is less bound by centuries of national legal traditions, legal solutionsto consumer problems are often borrowed across borders. This article tries to clarifythe rules and the remedies for the right of consumers, and analyze and compare fromthree levels：international, regional, and national. Being aware of the possible modelsof legal response to that an appropriate selection of consumer protection tools can bemade is necessary for those creating, administering and studying consumer laws. Thisarticle seeks to provide an entry point into the study of a wide array of consumertopics and thus promote awareness of the options for legally protecting consumers. Itseeks to throw light on the underlying policy choices that need to make and to givepractical examples of consumer protection regimes. The theme of this article is theinternational comparative study of consumer protection, and the article consists fivechapters. ChapterⅠis the refreshing of the problems of consumer protection lawunder the economical globalization. This Chapter review the history of thedevelopment of consumer law,and clarify the theoretical rationales for consumer lawfrom the perspective of an “ideal market” in neo-classical economic discourse, theperspective of an “asymmetry of information”, the perspective of the theory ofstratification in sociology, and the empirical perspective. On the basis of differentjustifications, we can certify the consumer law is problem-oriented and thecross-border movement of legal solutions to similar problems is not necessarilyhampered by different approaches to the general justifications of consumer protection. We can conclude that the pluralistic nature of law ande the role of alternative forms ofregulation is of great significance. Chapter Ⅱ is the comparative study of the rightattribute of the consumer right. To represent the circumstance and development of theprotection of the consumer right from three levels：international, regional, andnational, and conclude that the international consumer law is not a soft law, but can bedeveloped to an legally binding human right. Chapter Ⅲ is the comparative study ofconsumer protection in security guarantees. This Chapter introduces and compares thevarious measures and the develop history of the product safety regulation andproducts liability law in different countries. It concludes by highlighting somesignificant tensions in various attempts to recalibrate measures to achieve optimallevels of consumer product safety, and certify the delicate integration trend of the twomajor products liability systems. Chapter Ⅳ is the comparative study of the regulationof false advertising. Using comparative method on the regulations of general productsand special products, to analyze the method of regulation and enforcement ways offalse advertisement. It concludes that the efficient regulation and enforcement waynowadays is the diversified fusion of the three methods: self-regulatory enforcementof advertising; civil enforcement through private actions for breach of advertisingnorms, and enforcement actions brought by government agencies to police themarketplace. Chapter Ⅴ is the comparative study of right relief of the consumerprotection. Through the study of the judicial settlement of various countries, like theclass action and demonstration procedure, combine with the case guidance system andthe representative action system in P.R.C. conclude that we should structure theeffective judicial method to settle the consumers’ disputes.