The Research Of Consumers Rights To Safety

In the recent years, SanLu milk powder case as a representative infringement of consumers' rights has exposed more than once. Issues related to rights to safety of consumers are in sight again. Rights to safety are the basic and vital rights of consumers'.This paper is divided into four parts. The author puts forward ideas that the main part of rights to safety should be consumers, potential consumers and people who access to market actually from the viewpoint of the basic concept in the first part. The realizations of consumers' rights not only rely on the performance of operators' obligations to safety, but also need state full-range protect in legislation, law enforcement and legal redressing. The raising of recognitions of protection self-rights is the strengthener to the development of redressing paths. Discussing the measures of protecting the rights to safety in "Law of the People's Republic of China on the Protection of Consumers' Rights and Interests" "Law of the People's Republic of China on Product Quality""Law of the People's Republic of China on Food Safety ""Law of the People's Republic of China on Tort Liability" and" Deficient Products Calling Back System", combined with the current situation of dispute settlement system and rights keeping organizations, the author advances the still problems in protecting rights to safety in the second part. In the third part, the issue focuses on the experience of the laws and procedures of the system of Britain, the US and France and the Continental legal system. In the last part, the author states the solutions of perfecting the rights to safety of consumers',namely, making special laws, improving the punitive damages, valuing the defensive functions of Criminal laws, introducing new dispute settlement systems, completing the rights keeping organizations and reinforcing social supervision.