Credit Consumption And The Legal Protection For The Consumers' Rights And Interests

Based on the principles of laws, such as economic law, civil law and so on, the dissertation discusses the protection for the consumers' rights and interests in credit consumption, including the collection, protection and utilization of the consumers' information. In credit consumption, the consumers have the rights of privacy and knowing the fact and so on, which should be protected. On legislative perfection of legal systems, I have given some advice.The dissertation is divided into three parts:The first section is the protection for the consumers' rights and interests & the system of individual credit's collection and utilization. Personal credit evaluation is an inevitable process to the consumers in credit trade, which can measure the degree of personal credit. A person, who has good credit, can buy bread and butter ahead of schedule so as to enjoy convenience and comfort. In our country, the under-development of construction in credit system is restricting our development of credit trade, especially in credit consumption. On the one hand, the credit rights of most consumers cannot come to be true, and the rights of privacy and knowing the fact also lack efficiency protection. On the other hand, our government is devoid of efficiency approach to stimulating consumption, improving credit structure, stabilizing finance system, and promoting economic growth, which will certainly lead to magnitude waste of social resources. Based on the review and comparison of the advantages of American Market Domain System and European Government Domain System, I present a personal credit law system framework, which includes collection, management and utilization of personal credit information, the core of which is that both government promotion and market management are necessary. Some departments of government should formulate a policy, let data into the open, set up an information index system to promote the individual credit system. Furthermore, good policies, legal systems, and market environments should be created so as to support credit agencies. At the same time, credit should be considered as the market behavior, because it derive from the market, so, the personal credit system of our country should be run on the market principles. Personal credit resources should be distributed effectively by market competition and economic lever.In the second section, the dissertation discusses the protection for the consumers' rights and interests & the formatted contract of credit. The formatted contract of credit is widely adopted by most finance organizations such as banks, because the contract privies have special economical and legal ground. Some special clauses of the formatted credit contract have to be deferent from that of common ones. So, law should protect the consumers specially. The credit consumption sometimes relates to the three principal parts:consumers, finance organizations and proprietor. The credit activities are special trade, in which inadequacy and un-symmetry information exist widely. Therefore, the government should legislate laws to regulate finance organizations and let them strictly fulfill apprizing and explaining obligations, so as to protect the consumers' rights and interests. At the same time, the truth and the information owned by credit agencies determine fair and just treatments of the consumers in trade. All these show that the right of fair deals is so important that maintenance of the consumers' information just affirm and ensure the consumers' right to fair deals. Furthermore, the cooling-down period system should be established. The consumers can repent during this period. To regulate unjust items is a systematic project, which have multifunction and measures. A refined structure and functioning mature system needs the cooperation and interaction of legislative, administration, association, and judicature. The third section is the protection for the consumers' rights in their bankruptcy. The credit consumption is a merchandise transaction based on individual cr...