Dealer's Liabilities Occurred In The Third Party's Infringing Upon Consumer's Rights

In any modern society, a person always appears as a consumer subjectively and whose existence relies upon the meet of basic living requirements. Yet in doing business with various dealers, consumers are apparently placed in a vulnerable position; therefore, the problem of how to protect consumers' rights and interests efficiently projects as a most important position in modern law studies. This paper, starting from a typical case and with consumers rights and interests as the aim, analyzes dealers' liabilities occurred in a third party's infringing upon consumers' rights and interests in the context of present regarding Chinese laws, and further proposes a service duties theory to protects better consumers' rights and interests rather than the presently enforced Law on the Protection of Consumers' Rights and Interests.This paper is divided into five parts and altogether of 3,0000 Chinese characters in number. The first part is "Introduction", which states the starting point and the target of the paper; the second part is "An analysis of dealers' liabilities for breach contracts", which focuses upon the constitution of the dealer's liabilities when a third party infringed upon the consumer's rights and interests, as well as an analysis of its advantages and disadvantages and the shortcomings of the present law clauses; the third part is "An analysis of dealers' liabilities for infringements", which focusesupon the constitution of a dealer's infringements and that related to the third party's infringements in the application of the infringement law, together with a statement of the advantages and disadvantages in suing dealers' infringements and its inability in protecting consumers' rights and interests; the fourth part is "The concurrency of liabilities of breach contracts and infringements and the limitations of the regarding theories", which mainly discusses several theories on the concurrency of liabilities of breach contracts and infringements and their limitations, and hence states that the single adoption of the concurrency theory cannot protect consumers' rights and interests all around; the fifth part is "An analysis of dealers' service duties", which touches problems such as: the conception and character of dealers' service duties, the doctrine of liability fixation, constituents and exemption of restitution, the absorption of the third party's infringements, the transfer of dealer's risk, etc. In the last part, "Conclusion", the author stresses that only if theories on service duties are introduced into the present law system, a consumer's rights and interests can expect an all-round protection.