Study On The Legal Issues Of Consumer Protection Law In China

It is stipulated in Article 2 ,3of Consumer Protection Law in China that"The rights and interests of consumers in purchasing and using commodities or receiving services for living consumption shall be protected by this Law or other relevant laws and regulations. This Law shall be observed by business operators in the provision of commodities produced or sold and in the provision of consumer services. Where matters are not covered by this Law, other relevant laws and regulations shall be observed."There are many discussions of the two articles both in theoretical and practical fields. But disagreements are still existed.Particularly, disagreements are mainly reflected in the following: the identification of consumer, the identification of business operator and the attribute of consumption relation. On the basis of systematic and exhaustive search,in accordance with the disagreements above, based on Article 2,3 ,we attempt to study the legal issues of Consumer Protection Law in China. The main frame of the paper is as follows.In the introduction, we not only give a description to the subject investigated, but also point out the significance of the research.Chapter one——the identification of consumer, deals with the precondition of the research, trait of consumer, reason of protecting the consumer, and makes a detailed statement that juridical persons and any other organizations can be consumer.Chapter two——the identification of business operator, illustrates the justification of business behavior and makes the point that people running not for the purpose of profit or having no business license can be business operator.In the third chapter, we study the attribute of consumption relation. Consumption relation should happen in a certain period of time and space regardless of goods and services are paid or not. From studying living consumption, we discover that it is hard to distinguish living consumption from production consumption. Considering the legislation goals, we even can treat production consumption as consumption behavior. We do not think it is proper to feel that consumption behavior means living consumption.