The Protrction Of Consumer Rights And Interests Of The Problem

At present, as our country is just in the period of important strategic opportunities for the further development, we should comprehensively implementing the spirit of the Seventeenth Party Congress. The fundamental interests of the overwhelming majority of the people must be well realized, protected and developed while the scientific development view being deeply implemented. We should well protect the vital interests of the overwhelming majority of the consumers as we effectively cope with the rush of the international financial crisis and keep the finance developing stably and fairly fast. Actually the course of building harmonious society is a procedure of unceasingly coordinating contradictions. To coordinate contradictions, we must proactively face and analyze contradictions, and reduce unharmonious factors by the greatest degree, which all basically emphasize on the most concerned, most direct and most practical interests of the people. Under the condition of the modern market economy, the contradictions among the people are becoming increasingly conspicuous, and the contradiction between operators and consumers is one of the important aspects. If that contradiction is well solved, many unharmonious factors in the society can be reduced, so as to promote the harmony and stability of our country. Consequently, the construction of consumer protection system becomes an important topic in the building of harmonious society.This paper, from some problems that recently appear in our consumption field, analyzes the status quo and problems of consumer protection in our country. The Consumer Protection Law was promulgated in 1993, and it has 16-year history since it was implemented in 1994. In that period, great changes are taking place not only in finance but also in technology information aspects. And the disputes in the consumption field are increasing, some of which are outside the Law of Consumption Protection, such as the problem of consumer defining, whether the educational expenses can be taken into the Law, the problem of commodity houses, and Doctor-Patient relationship (DPR), ect. Therefore, in recent years, the clamor for revision of the Law is rising.In the second part, laws and regulations of consumer protection abroad are surveyed. The consumer protection experiences of legislation and regulation in other countries and districts are introduced mainly from three aspects: the legislation, the organs and the resolution approaches in consumption disputes. On that basis, it analyses the insignificance of the consumer protection measures abroad for our country.The last part, based on the analysis of consumer protection problems in our country, the paper puts forward corresponding suggestions and countermeasures from the following aspects to help promoting the improvement of our consumer protection system.First, establishing principles. In the author's opinion, the desired effect can be achieved and the consumers'interests can be efficiently and fairly protected only when the protection follows the principle of finance, incorporating to protection, and moderation.Second, improving the legal system. Firstly, the paper analyses from the four aspects: definition of consumer, broadening the range of consumer protection, adjusting the function range of consumer organs, and regulating the intensity of compensation and punishment. Then the management of operators should be tightened, so as to regulate their market acts. At last, the procedural mechanism of safeguarding rights should be continuously improved.Third, construct well-found organs. The author believes that we can learn from successful experiences aboard, to establish specialized organs so that harms of the government's administrative acts on consumers can be avoided. We are also able to use administrative power to investigate the harmful acts that damage consumers'interests, and specially provide channels of administrative relief. Moreover, we can consider endowing more power to consumer organs, enlarging their scope of operation, endowing the qualification of subject of procedure when they represent consumers in torts, so as to play more important role in safeguarding rights.Fourth, offering some reasonable choices in solving consumers'problems. First of all, establishing petty courts. A second is, building consumption arbitration tribunal. Thirdly, constructing system of group lawsuit. Fourthly, setting up system of compensational punishment.